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HomeMy WebLinkAboutCouncil Packet - 2/4/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, February 4, 2019 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate depaitment. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 115 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Dave Zellhoefer, City Attorney Agenda, as proposed or amended. Minutes of January 28, 2019, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Matthew L. Glenn for tax exemptions on the construction of a new single family home valued at $240,000 for property located at 1935 Rainbow Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 3. Resolution approving the request of Tammy Huggins for tax exemptions on the construction of a new garage valued at $28,000 for the property located at 1920 Idaho Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Steve Hoambrecker, Director Waste Management Services Director, Brian Bowman, Treatment Operations Assistant Director, Jesse Gaherty, Maintenance Foreman & Brad Manahl, Treatment Operator/Foreman Class/Meeting: Site Visits - new equipment technology Destination: Dubuque, Rockford, IL, Kenosha, WI, if not Waterloo Page 2 of 115 Dates: February 5-6, Amount not to exceed: $580 2019 b. Dennis Gentz, Assistant City Engineer Class/Meeting: Iowa Concrete paving Association 55th Annual Concrete paving Workshop Destination: Des Moines, IA Dates: February 6-8, Amount not to exceed: $445.20 Amended to add lodging 2019 2. LIQUOR LICENSES a. Carlos O'Kelly's Class: C Liquor w/Outdoor Service/Catering Renewal Application Includes Sunday Expiration Date: 12/30/2019 b. HyVee Gas #2, 2221 Logan Avenue Class: C Beer Renewal Application Includes Sunday Expiration Date: 01/20/2020 c. Sabor Latino Restaurant, 1927 Jefferson Street Class: B Beer/BB/Includes Wine Coolers New Application Includes Sunday Expiration Date: 01/14/2020 d. S.A.C.'s Neighborhood Pub, 2000 Hawthorne Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 01/31/2020 e. The Other Place, 360 E. Ridgeway Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 01/25/2020 f. Wishbone, 201 W. 18th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 01/31/2020 3. APPOINTMENTS a. Rodney Butz Board/Commission: Memorial Hall Commission Expiration Date: 12/31/2021 New Appointment b. Ray Feuss Board/Commission: Complete Streets Advisory Committee Page 3 of 115 Expiration Date: None New Appointment PUBLIC HEARINGS 2. Request by Wade Fleming to rezone 4.79 acres from "R-3" Multiple Residence District and "C-2" Commercial District to "C-2" Commercial District, located north of 1685 Independence Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving rezoning 4.79 acres from "R-3" Multiple Residence District and "C-2" Commercial District to "C-2" Commercial District, for construction of commercial building/buildings. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 3. Amendment to the City of Waterloo Zoning Ordinance No. 5079 regulating the sale of fireworks. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning Ordinance, regulating the sale of fireworks. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the Ordinance. Submitted By: Aric Schroeder, City Planner 4. Asbestos survey services for properties located at: 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th Street, 536 Dawson Street, 623 W. 2nd Street, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street, 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to the Community Planning and Development Director for review. Submitted By: Noel Anderson, Community Planning and Development Director 5. Purchase of one (1) 2019 One Ton Truck with Dump Body Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No Comments on file. Page 4 of 115 Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract etc. Resolution Authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution awarding bid to Rydell Chevrolet of Independence, Iowa in the amount of $61,606.14. Submitted By: JB Bolger, Golf & Downtown Area Maintenance Manager RESOLUTIONS 6. Resolution authorizing the submission of a MATCH grant application to the Wellmark Foundation, for a maximum amount of $30,000, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 7. Resolution approving a Professional Services Agreement with Helland Engineering & Surveying, LTD for land surveying services along Airline Highway, in an amount not to exceed $700, and authorize the Mayor to execute said document. Submitted By: Noel Anderson -Community Planning and Development Director 8. Resolution approving an Amendment to a Development Agreement with Black Hawk Contracting & Development, changing the timeline and adding the 657A InfiII Policy incentive on property located within Hillside Addition, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution approving temporary easement agreements with Steven M. Southworth and Dana M. Southworth in the amount of $185.10, at 4007-4009 University Avenue, Steven M. Southworth in the amount of $370.27, at 4003-4005 University Avenue, and Steven M. Southworth and Dana M. Southworth in the amount of $100.00, located east of 4003-4005 University Avenue, in conjunction with the University Avenue reconstruction Phase II project. Submitted By: Aric Schroeder, City Planner ORDINANCES 10. Ordinance amending the Code of Ordinances by amending Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations. Motion to receive, file, consider and pass for the first time an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Aric Schroeder, City Planner 11. An ordinance amending Storm Water User Fees. Motion to receive, file, consider, and pass for the second time an ordinance amending the City of Waterloo Code of Ordinances by adding new Subsections C, D & E to Title 8, Chapter 4, Section 7, Establishment of Stormwater User Fees. Motion to suspend the rules. Page 5 of 115 Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Jamie Knutson, PE, City Engineer 12. An ordinance repealing and replacing Title Three, Chapter Four, Article A Pawnbrokers. Motion to receive, file, consider, and pass for the third time and adopt an ordinance amending the City of Waterloo Code of Ordinances by repealing Title Three, Chapter Four, Article A Pawnbrokers, and replacing it with a new Title Three, Chapter Four, Article A Pawnbrokers. Submitted By: Major Joe Leibold ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:50 p.m. Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 6 of 115 CITY OF WATERLOO Council Communication Dave Zellhoefer, City Attorney City Council Meeting: 2/4/2019 Prepared: REVIEWERS: Department Reviewer Action Date Oth e c,pci�p�' pCeVky Approved 11/30/2,0 ...4002 PM Submitted by: Submitted By: Page 7 of 115 CITY OF WATERLOO Council Communication Minutes of January 28, 2019, as proposed. City Council Meeting: 2/4/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office hJih K tk y Approved 11/30/2011.9 3: - PM ATTACHMENTS: Description Type Minutes of Sanitary. 28, 20E8 Backup Material Submitted by: Submitted By: Page 8 of 115 January 28, 2019 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, January 28, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: 145781 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, January 28, 2019 at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145782 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Tuesday, January 22, 2019 at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Mr. Schmitt reminded the audience there will be an open forum for citizen input regarding the Riverside Skate Park design workshop at the Sportsplex on January 29th, 6-7:30 p.m. Mr. Morrissey commended the City employees on their efforts to clear the streets of snow and updated the council regarding discussions by the State Legislature to take away City's zoning rights with fireworks. Mr. Morrissey encouraged the Council and listeners to contact their legislators to oppose advancement of any bills that would restrict local control of zoning matters. 145783 - Juon/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 145784 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated January 28, 2019 in the amount of $1,079,076.46, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2019-41 2. Resolution approving the request of Nathan Westemeier for tax exemptions on the construction of a new garage valued at $36,000 for the property located at 1208 Englewood Avenue and located within the Consolidated Urban Revitalization Area (CURA). January 28, 2019 Page 2 1. 5. Resolution approving the request of Ross Bauer for tax exemptions on the construction of a new single family home valued at $435,412 for property located at 128 Kestrel Circle, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-45 6. Resolution setting a date of public hearing as February 11, 2019 for the request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60 foot x 72 foot pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-46 7. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check in the amount of $300 to Kwik Stop #3, 1104 Washington Street, Waterloo, Iowa, for sale of tobacco to minor -first offense. Resolution adopted and upon approval by Mayor assigned No. 2019-47 b. Motion to approve the following: a. b. c. d. e. f. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Nine (9) WFR Lieutenants Blue Card -Incident Commander Certification Program Online One year subscription access $3,465 Sgt. Erie & Inv. Gergen International Law Enforcement Educators and Trainers Association Training Conference St. Louis, MO March 18- 23, 2019 $1,515 Sarah Kempen, Storm Water Specialist Iowa Stonn Water Education Program - Iowa Certified Installer of Pollution Prevention Practices Waterloo, IA February 7, 2019 $150 Rudy Jones, Community Development Director 2019 Washington D.C. Coalition Trip Washington, D.C. April 24 - May 1, 2019 $1,920 Keith Kaspari, Director of Aviation Spring 2019, Meeting of the Iowa Public Airports Association Sioux City, IA April 16-18, 2019 $400 Joe Reiter, Firefighter Drone Codes Test - FFA Hawkeye Community College December 7, 2018 $150 January 28, 2019 Page 3 that "Resolution approving an Encroachment Agreement with American Steel, LLC to allow for the installation of a 12 foot 6 inch long metal I-beam that is 6 feet 6 inches in height with custom fabricated lettering to encroach within a 16 foot utility easement and 3 feet 6 inches into the city right-of-way at 735 Ansborough Avenue, and authorize the Mayor and City Clerk to execute said document.," be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-48 145786 - Schmitt/Amos that "Resolution approving an Encroachment Agreement with US Bank to install a 6 square foot no parking sign, with a 1.85 square feet US Bank Logo, that extends approximately 10 feet into the public right-of-way, located at 425 Cedar Street, and authorize the Mayor and City Clerk to execute said document," be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-49 145787 - Schmitt/Amos that "Resolution approving an Easement Agreement with BCS Properties, LLC to dedicate an additional 10 foot utility easement to allow for the extension of utilities adjacent to Foundation Drive, a new street to be constructed north of West Ridgeway Avenue and east of Highway 63, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Nay: One (Klein). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-50 Mrs. Klein questioned regarding plans for a gas station at the Foundation Drive property. Mrs. Klein commented regarding her concerns with inversion atmosphere conditions, and storm water drainage pollution issues in this area. Noel Anderson, Community Planning Director, responded the developer will need to adhere to all DNR and City regulations for all construction. Mrs. Klein questioned the closing of the Highway 63 Diner and if that had anything to do with these types of problems. Noel Anderson responded they would need to review any historical data regarding this business closing, but that he was not aware of any concerns with that site and that storm water drainage plans would need to accompany construction. Mrs. Klein stated she was skeptical of our storm water plans as surrounding properties have been developed and the farmer in this area has more flooding each year. Mrs. Juon questions if these plans will be brought back to the council when those plots are developed. Noel Anderson explained zoning allows for the proposed construction but all construction plans are reviewed by Planning, Engineering and Fire departments. January 28, 2019 Page 4 145789 - Morrissey/Amos that "Resolution approving application for R.I.S.E. funding for local development for a new roadway off of Leversee Road, and approve the Memorandum of Understanding with INRCOG for the writing, preparation, and submission of said grant, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-52 145790 - Morrissey/Amos that "Resolution accepting Warranty Deed from BCS Properties, LLC and dedicating 2,180 square feet (0.05 acres) as city owned right-of-way, located at the northwest corner of West Ridgeway Avenue and Foundation Drive", be adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-53 145791 - Amos/Morrissey that "Resolution approving an Amendment to a Development Agreement with Residential Development Partners, LLC, Black Hawk Contracting and Development Co., GMJ2 Industries, LLC, and Lincoln Savings Bank, to change construction timelines and parties involved moving forward, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-54 145792 - Amos/Morrissey that "Resolution approving an Amendment to Development Agreement with Black Hawk Contracting & Development Co., changing the project construction timeline and adding the 657A Infill Policy incentive for the property located at 7th and Lafayette Street, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4111 Street questioned the incentive. Noel Anderson, Community Planning and Development Director, explained the city policy for sale of 57A properties 657A to an incentive awarding a property owner $5,000 upon completion of repairs and acquiring a certificate of occupancy for their infill investment. Mr. Schmitt requested an overview of the development agreement with Residential Development Partners. Noel Anderson explained Residential Development Partners, John Roof and Jim Ellis, had separated. The city was continuing the agreement with John Roof and Lincoln Savings Bank who have assumed ownership of some of the Land owned by Mr. Ellis, for work at Baltimore Field, Williston Field, Lafayette School and land near Burton Avenue as a site for potential new residential housing. R.__. T.71 _ • 1 _ 1•_ _ ' _ _ ' 1 _ _ _ _ _ _. !`- -- l� A _ T 1 1 1 _ 1 January 28, 2019 Page 5 Noel Anderson responded there are design requirements which remain the same. Resolution adopted and upon approval by Mayor assigned No. 2019-55 145793 - Amos/Morrissey that "Resolution approving Anti -Heroin COPS grant money as a sub -recipient from the Governor's Office of Drug Control Policy, in the amount of $6,111, with no matching funds required, to provide overtime funds to assist in mid and high level heroin investigations, and authorize the Mayor and Chief of Police to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-56 145794 - Juon/Amos that "Resolution approving an Ambulance Services Agreement with UnityPoint at Home dba UnityPoint Hospice for ambulance services, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. John Sherbon, 1715 Robin Road, questioned taking on more ambulance business if the city is short employees. Pat Treloar, Fire Chief, explained this is updating an existing contract and that the city does not provide a lot of hospice related services. Resolution adopted and upon approval by Mayor assigned No. 2019-57 145795 - Juon/Amos that "Resolution approving the Otto Schoitz Foundation grant application in the amount of $100,000 in conjunction with the Waterloo Skatepark Project", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-58 145796 - Juon/Amos that "Resolution approving a Professional Services Agreement with AECOM for Design and Construction Administration and Inspection Services associated with a FY -2019 IDOT-funded list of projects at the Waterloo Regional Airport in the amount of $17,600, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-59 145797 - Schmitt/Amos that "motion approving Final Quantity Summary for a net increase of $32,567.23 in conjunction with the FY 2018 Asphalt Overlay Program, Contract No. 943, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. January 28, 2019 Page 6 that "an Ordinance amending the City of Waterloo Code of Ordinances by adding new Subsections C, D & E to Title 8, Chapter 4, Section 7, Establishment of Stormwater User Fees", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Jim Wallace, 2002 Ashland Ave., explained that some parts of Waterloo, such as Cushman Heights, lack sanitary sewer or storm water infrastructure and have unimproved streets in, therefore they are paying for services they are not receiving and feels Cushman Heights should be exempt from those charges. David Dryer, 3145 W. 4th Street, questioned proposed project timelines, engineering/design fees and EPA compliance issues, how much of the budget has gone towards manpower and equipment compared to engineering and design fees, and how much money will be generated by raising fees to offset costs for future projects. John Sherbon, 1715 Robin Road, questioned if the city has discussed storm water fees with local business owners. Jamie Knutson, City Engineer explained the storm water fee program, how the fees are used, and the storm water system in Cushman Heights. Businesses were not contacted individually. These fees are the only ones other than bonding to pay for stormwater projects. Construction most likely will not begin until 2020. Mr. Morrissey questioned why residents without stonnwater infrastructure have to pay the fee but those without sewer services do not have to pay the sewer fees. He commented that it has been decades since infrastructure systems have been worked on in these areas. He requested that the council postpone the item to another work session or make these individuals exempt from paying the stormwater fee. Mr. Jacobs stated that he agrees with Mr. Morrissey. He believes these individuals should not have to pay the stormwater fees if they are not connected to the system. Jamie Knutson reviewed language of current ordinance. He explained that once water leaves private property it becomes the city's responsibility to manage the water. In order to provide an exemption council would need to decide how to define who receives the benefit. Mayor Hart commented that the city made a commitment to people to solve their flooding and water run-off problems. These fees will help address those problems. Mr. Schmitt commented that he agrees with Mr. Morrissey and wants to have further conversations as he is not convinced this fee is going to fix the problem. Mr. Feuss commented that the city cannot continue to kick the can down the road and that the increase in fees will help create solutions. Mrs. Juon commented that the stormwater system is more than just pipes in the ground. . Mr. Jacobs questioned if the city requires a drainage system to be installed on new projects. Jamie Knudson explained that new projects are required to install curb and gutter unless it is a private system. January 28, 2019 Page 7 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon). Motion failed. 145801 - Amos/Morrissey that "an Ordinance amending the City of Waterloo Code of Ordinances by repealing Title Three, Chapter Four, Article A Pawnbrokers, and replacing it with a new Title Three, Chapter Four, Article A Pawnbrokers", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 145802 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Feuss, Klein, Amos, Juon, and Schmitt). Motion carried. ADJOURNMENT 145803 - Morrissey/Amos that the Council adjourn at 6:50 p.m. Voice vote -Ayes: Seven. Motion carried. LeAnn M. Even Deputy City Clerk CITY OF WATERLOO Council Communication Resolution approving the request of Matthew L. Glenn for tax exemptions on the construction of a new single family home valued at $240,000 for property located at 1935 Rainbow Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 2/4/2019 Prepared: 1/28/2019 REVIEWERS: Department Reviewer Action Date t° patnnnm'aa..g & Zo . ng Schroeder, Aric .Approved 1/7,8/2019 ... 3:50 PM Clerk Office Even, 1:,e .r Approved 1/30/201.) - 9:54 AM ATTACHMENTS: Description D (/1. LJR.l1 1935 lkaJ ribow Dii:iv. D CL )R.l+v 1935 Rairrnbarw Driv SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Legal Descriptions: Type [1 to ckuarp u7rr l ater l Resolution approving the request of Matthew L. Glenn for tax exemptions on the construction of a new single family home valued at $240,000 for property located at 1935 Rainbow Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Approval The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Lots 2 & 3, "Lobdell's Second Addition to Castle Hill," in Black Hawk County, Iowa, now in the City of Waterloo, IA. Page 16 of 115 For Office Use Only Date Received: Received by: ""-' Staff make a cb' CITY LIMITS URBAN REVITALIZATION APPLICATION p1caii1 APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA MEAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3 -year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: I . Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the lst working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council, Projects started prior to the adoption date ofJuly 18, 2011 do not qualify. NAME: 161,4 (.,2/(4,1 ADDRESS: j? ?S7 14 TELEPHON "RI 7 SIGNATURE: 44,4 DATE: A. What is the Address of the property being improved? / Vt -- What is the Legal Description ()Utile property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) 0 6,;:ee. /CS ceAtg /47,6: ,37(....A.1 /17v /1-4, ( /7 " 11 411C, (e 42 1.7.Z oft B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) y C. City of Waterloo Building and Inspections Department Infoimation: Permit Number: /?'- ?9/ Date permit was issued: 3 22-12 D. What was the cost of the new construction?4' LI/C/) ut7, 01) Ibtal pertnit(s) valuation:A/ E. Estimated or actual date of completion of this new construction? 4)1 Note: City Council approval does not guarantee fax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: Koenigsfeld DENIED Black Hawk County Assessor Page 17 of 115 '5[1, °VIII liiun"1,l "uWum"110.pvgm l IN;IIIIIu 000li I' 1i1i1uillllll111111111 Illlllilll11,,'IIIIIIII l0000n111111111111111111111111111111111 ��IMMllllll�liil 11111111111111111111111111 loonno 111111111111 lIi' I„II 1935 Rainbow Drive "II11u(11u!Illpl'llllll ,I111111 1111111111111111111111111111111111111111. ��� �,III'iklhYP�plil r' 11'111111111\1,Y ,atIt ill 111,1111 limu l u'Y'YII yiiiiiiiiiiiii111111 °WW',11111 F. 111,,1'11 .'lIM'MI,WI,IJu,YM Vu Illlllhll"', 'W111Iry,'IIIV1,1I1,1I S„II 'I111111QI11111, Note Base map data source Is Blauk Hawk Gounty This ma does not represent a sur, no lebrIty I:med for the accuracy of the data delineated herein, elthes e pressed et !melted by Black Hawk County the Hack Han'l' County Assessor or their emple reek The City of Waterloo makes no warranty express or inked as to the aceurac, of the lnfoI bItn ehorin n thea reap and expressly tllsdarme Ilablllt, for the accuracy thereof users should refer to of idol {lots Corded deeds, etc located at the Black Heerk County Assessor s Office for complete and accurate information 1I4iuMVVmi71PI1oIMmIIIIIuWII, r,111'1111:' Rik 1' rural r cc "I ,I q:1111' CITY OF WATERLOO Council Communication Resolution approving the request of Tammy Huggins for tax exemptions on the construction of a new garage valued at $28,000 for a property located at 1920 Idaho Street and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 2/4/2019 Prepared: 1/29/2019 REVIEWERS: Department pataar'ang 8 or O CIIeak Office ATTACHMENTS: Description D Ct.J .A. 1920 idsaha D CURA 1920 1daJ1714 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Reviewer Schroeder, Aroc Even, p.,eAnn Str art Street Ma p Action A pp re ved A pp ro ved Type (eveJr J\1era.ia Carver \1.enio Date 1/30/2019 ... 9:4.9 11.E i/30/2019 ... 9:54 AM Resolution approving the request of Tammy Huggins for tax exemptions on the construction of a new garage valued at $28,000 for the property located at 1920 Idaho Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director Approval The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. None N/A Strategy 3.8: Continue efforts to foster new investment and development in the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area. City View Heights Lots 7, 8, and 9 Block 4 Page 19 of 115 CONSOLIDATED URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. 13e located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 1s1 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has bee granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: A�j \iag�'�...� ADDRESS: .i'�W►�IA TELEPHONE: ) 1111M20 DATE: A. What is the Address of the property being improved? !q SIGNATURE: What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse)? antw., e 4 0`,-,q to 0 wcy:m id j 1 +5 •7,wic1 13. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% d. Fourth Year 50% g. Seventh Year 30% b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30% c. Third Year 60% f. Sixth Year 40% 1. Ninth Year 20% j. Tenth Year 20% C. What was the nature of the imp1 rov me ( V D. City of Waterloo Building and Inspections Department Information: Permit Number: --}}60 Date permit was issued: 1 ‘2-1 331 11 Total permit(s) valuation: E. What was the cost i theiiflrrlprovement? 12 F. Estimated or actual date of completion of these improvements? 0 G. If this is not a singe -family dwelling unit, w rich you own and reside in, will these improvements create a displacement of your tenants? Yes No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED Tami McFarland Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approvldhP20 of 115 Mark Hawk CI -11111h/ ACCP.CCnr'C fffira few rritvria eliaihility CITY OF WATERLOO Council Communication Request by Wade Fleming to rezone 4.79 acres from "R-3" Multiple Residence District and "C-2" Commercial District to "C-2" Commercial District, located north of 1685 Independence Avenue. City Council Meeting: 2/4/2019 Prepared: 1/30/2019 REVIEWERS: Department 1° ptnnnmm�rrog;, Zortln C.,Ilerl'_ Office ATTACHMENTS: Description Stam" Report Overview Map Aerial Map: Hood 1" Map Site P kin SUBJECT: Submitted by: tl Recommended Action: Reviewer Schroeder, Aric 1^"ve t, 1.,eAnnt Action Approved Dyed Apprt.)ved Type Cove u I\ mo Cover M.r o CGDver M. MO M Cover.Memo Date 1/30/2( 1/30/2019 ... •i0:04 AM r2 A.M Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving rezoning 4.79 acres from "R-3" Multiple Residence District and "C-2" Commercial District to "C-2" Commercial District, for construction of commercial building/buildings. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request by Wade Fleming to rezone 4.79 acres from "R-3" Multiple Residence District and "C-2" Commercial District to Page 22 of 115 Summary Statement: "C-2" Commercial District. The applicant is requesting to rezone the northern portion of the property to match the "C-2" zoning on the southern portion of the property. The proposal could have a negative impact on the surrounding community as the back of the property adjoins a multi -family complex that was built in 2003. To ease the impact the staff and the applicant agree that the area between the business and the housing will be buffered. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The site is served by Independence Avenue which is a collector. The nearest recreational trail is the Martin Luther King Jr. Trail located 0.37 miles to the north. There is a sidewalk on the south side of Independence Avenue. The area is zoned "R-3" Multiple Residence District and has been zoned as such since adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Multi -family residential and agricultural zoned "R-3" Multiple Residence District. South — Expo Alternative High School and agricultural, zoned "R-3" Multiple Residence District. East — Former railroad right-of-way, commercial and residential, zoned "C- 2" Commercial District and "R-2" One and Two Family Residence District West— State of Iowa Human Services zoned "R-2" One and Two Family Residence District. The area is comprised of residential built between 1955 and 1980, commercial built between 1923 and 1975, Expo Alternative High School built in 1960, and the Iowa Human Services building built The applicant has agreed to create a buffer between the northern portion of the lot and the multi -family senior housing which will include trees and fencing. Rezoning the land will not appear to have a negative impact on drainage in the area however the applicant will need to submit a drainage plan with the engineering department before construction can occur. The property is located in Zone A 100 Year Flood Plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0306F, dated July 18, 2011. All buildings will need to meet flood plain regulations. Highland Elementary School is located 0.233 miles to the southwest, Bungler Middle School is located 2.32 miles to the southeast, and Expo Alternative High School is located along the south side of Independence. There is open space located to the east of Highland Elementary School. There is an 8" Sanitary Sewer line located on the north side of Independence Avenue, there is an 18" storm sewer line located on the south side of Independence Avenue that starts across the street from the entrance to the lot and runs west. There is also a 36" interceptor line located adjacent to the former Waterloo, Cedar Falls, and Northern railway right of way to the east. The Future Land Use Map designates this area as Mixed Com nercial: Medium to High Density Residential; Professional Offices and Compatible Commercial and the request is in conformance with the Future Land Use Map for this area. Page 23 of 115 Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: The applicant is looking to purchase the former Meyer's Nursery and use it for a landscaping business. Currently the southern portion of the lot is zoned C-2 and the new zoning will create a single zoning for the entire 4.79 acre parcel. The applicant currently has the property on contract for purchase. The applicant is considering whether to use the entire lot for his own business or build self -storage units for public use. If the applicant makes the decision to do self -storage a Special Permit applicant will need to be submitted to the Planning Commission for review and approval by the Board of Adjustment. The entire property is in the 100 year flood plain but the Floodway itself is located to the east along the former WCF&N right-of-way. Any new buildings built on the property will need to meet current Flood Plain regulations which would require the buildings to be 1 foot above the base flood elevation of 855'. With the increased activity in the back of the lot that adjoins the multi -family senior housing to the north, buffering should be required so to mitigate the impacts of increased usage of the land as the use on the adjoining property. The applicant is not planning to subdivide the property. Therefore, staff recommends that the request by Wade Fleming to rezone 4.79 acres from "R-3" Multiple Residence District and "C-2" Commercial Distrct to "C-2" Commercial District for a landscaping business located North of 1685 Independence Avenue be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. And subject to the following condition(s) 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 2. That all buildings built at the site meet the current flood plain regulations which include all buildings being at least 1' above the Base Flood Elevation. 3. That buffering is installed along the north side of the property which includes trees and fencing. None N/A Zoning, Land Use and Economic Development. ALL THAT PART S 605 FT SE SEC 19 T 89 R 12 LYING W OF WLY ROW LINE WCF & N RR (NOW KNOWN AS THE WLOO RR) ROW EXCEPTING THEREFROM THE W 773.5 FT AND EXC S 325 FT E 100 FT W 873.5 FT AND EXC THAT PART CONVEYED TO THE WCF & N RAILWAY BY LD B 107 P 163 AND EXC CITY OF WATERLOO B 499 P 101 & EXC ALL LEGAL HIGHWAYS Page 24 of 115 January 8, 2019 REQUEST: Request by Wade Fleming to rezone 2.45 acres from "R-3" Multiple Residence District to "C-2" Commercial District APPLICANT: Wade Fleming, 414 7th Street Jessup, IA 50648 GENERAL The applicant is requesting to rezone the northern portion of the DESCRIPTION: property to match the "C-2" zoning on the southern portion of the property. IMPACT ON The proposal could have a negative impact on the surrounding NEIGHBORHOOD & community as the back of the property adjoins a multi -family SURROUNDING complex that was built in 2003. To ease the impact the staff and the LAND USE: applicant agree that the area between the business and the housing will be buffered. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The site is TRAFFIC served by Independence Avenue which is a collector. CONDITIONS: RELATIONSHIP TO The nearest recreational trail is the Martin Luther King Jr. Trail RECREATIONAL located 0.37 miles to the north. There is a sidewalk on the south TRAIL PLAN AND side of Independence Avenue COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: The area is zoned "R-3" Multiple Residence District and has been zoned as such since adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Multi -family residential and agricultural zoned "R-3" Multiple Residence District. South — Expo Alternative High School and agricultural, zoned "R-3" Multiple Residence District. East — Former railroad right-of-way, commercial and residential, zoned "C-2" Commercial District and "R-2" One and Two Family Residence District West — State of Iowa Human Services zoned "R-2" One and Two Family Residence District. The area is comprised of residential built between 1955 and 1980, commercial built between 1923 and 1975, Expo Alternative High School built in 1960, and the Iowa Human Services building built in 1912. BUFFERS/ The applicant has agreed to create a buffer between the northern SCREENING portion of the lot and the multi -family senior housing which will REQUIRED: include trees and fencing. DRAINAGE: Rezoning the land will not appear to have a negative impact on drainage in the area however the applicant will need to submit a drainage plan with the engineering department before construction can occur. North of 1685 Independence — R3 to C2 PgDDe25f6f 115 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: January 8, 2019 The property is located in Zone A 100 Year Flood Plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0306F, dated July 18, 2011. All buildings will need to meet flood plain regulations. Highland Elementary School is located 0.233 miles to the southwest, Bungler Middle School is located 2.32 miles to the southeast, and Expo Alternative High School is located along the south side of Independence. There is open space located to the east of Highland Elementary School. UTILITIES: WATER, There is an 8" Sanitary Sewer line located on the north side of SANITARY SEWER, Independence Avenue, there is an 18" storm sewer line located on STORM SEWER, ETC: the south side of Independence Avenue that starts across the street from the entrance to the lot and runs west. There is also a 36" interceptor line located adjacent to the former Waterloo, Cedar Falls, and Northern railway right of way to the east. RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Commercial: Medium to High Density Residential; Professional LAND USE PLAN: Offices and Compatible Commercial and the request is in conformance with the Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to rezone 2.45 acres from "R-3" ZONING Multiple Residence District to "C-2" Commercial District. The ORDINANCE: applicant is looking to purchase the former Meyer's Nursery and use it for a landscaping business. Currently the southern portion of the lot is zoned C-2 and the new zoning will create a single zoning for the entire 4.79 acre parcel. The applicant currently has the property on contract for purchase. The applicant is considering whether to use the entire lot for his own business or build self -storage units for public use. If the applicant makes the decision to do self -storage a Special Permit applicant will need to be submitted to the Planning Commission for review and approval by the Board of Adjustment. The entire property is in the 100 year flood plain but the Floodway itself is located to the east along the former WCF&N right-of-way. Any new buildings built on the property will need to meet current Flood Plain regulations which would require the buildings to be 1 foot above the base flood elevation of 855' With the increased activity in the back of the lot that adjoins the multi -family senior housing to the north, buffering should be required so to mitigate the impacts of increased usage of the land as the use on the adjoining property. The applicant is not planning to subdivide the property. STAFF ANALYSIS — SUBDIVISION ORDINANCE: North of 1685 Independence — R3 to C2 PgDgL 26f 6f 115 January 8, 2019 STAFF Therefore, staff recommends that the request by Wade Fleming to RECOMMENDATION: rezone 2.35 acres from "R-3" Multiple Residence District to "C-2" Commercial District for a landscaping business located North of 1685 Independence Avenue be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. And subject to the following condition(s) 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 2. That all buildings built at the site meet the current flood plain regulations which include all buildings being at least 1' above the Base Flood Elevation. North of 1685 Independence — R3 to C2 3. That buffering is installed along the north side of the property which includes trees and fencing. PgDgLP2r6f 115 City of Waterloo Planning, Programming and Zoning Commission Janauary 8, 2019 M-2 C1l R-3, R P ° %;,;% 11111 M-2, P. 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I n!I'111m 1Y ..Illl,r. ,!ijuiijp ;1111 1 ,1,111111111111111,1111 11,1111111IIIII111,11, 1111111111111111111111111111 1111111111111111111111111111111111111111111111111111111„1111111,1 11111111111 1111 II110?, 111111111 ,IIII, 11E 111 11111111111' Note Base map data source is Black HarA County Thus map does not represent a survey no Ilabtllry Isled for the accuraey of the data delineated herein elhrr e,ressed or moiled by Black He, County, Me Black Hawk Count, Assessor, cr [den employees The City of W ateaoo makes no warranty, express or roofed, as to the accuracy of the Worm hon shown on thus map, and express!; dlsdarms!MAW fa the moms, thereof users should refer to °BMA esurreys reoorded deeds etc located at the Black Hawk County ,season s Chime for complete and ass. ate Information CiEj of Waterloo, Iowa North of 1685 Independence Flood Plain Map So Feet W+E Page 30 of 115 12/3/2018 Printable Map Output 1.0411,1M Black Hawk County Parcel Map Parcel ID: 8912-19-451-008 DeedHolder:anTETs,§5§54-rA Parcel Address: 1685 INDEPENDENCE AV, WATER 0 PtC44: hoapilof port M *dept. pao twprolo Mpartiod. T00,0,0 Nps , SacMons W0,110,0 Pau 00 0, rifieft .ot0Via Tommhdp, —011 0,001 rantomd_dirrt 1,111%14,9 IVAddb11, Im mom 6s11 Rol Zoning /8141RICI,A4R... rod IMEMIPM Black Hawk County, Iowa 316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: audOor(d),!(:x)„bOack-ha V6a,us roadna61,0 EU a 0:vorh 274 N Mgo croMed with AnNAS Capyriighi p 1912,2,3o1 Eism1 300 wini= ap Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, ncluding plats, surveys, recorded deeds, and contracts, and only contains information required or local government purposes. See the recorded documents for more detailed legal information , 0 0 00 (0,0 Page 31 of 115 Landscaping a Mare, LLC PO Rex 61 Raymond, IA 50661 To Black Hawk County Planning & Zoning: This is an explanation of use to accompany the application for rezoning of the north portion of parcel # 8912-19-451-008, also known as 1685 Independence Ave. Fleming's Landscaping & More is in negotiations to purchase Myers Nursery from Roberta Myers and Myers Nursery LC. During research it was determined that the south portion of the above referenced parcel is zoned C-2, while the north portion is zoned R-3. It is the wish of Fleming's Landscaping & More to have the entire parcel zoned C-2. When rezoning is approved and complete and the sale closed, Fleming's Landscaping & More intends to construct storage units and/or a shop for business use on the north portion of the parcel. In order to maintain a secure and private area Fleming's Landscaping & More will border the north and a portion of the west property lines with shrubs/bushes, fence or both. Thank you for your consideration of this rezoning request. Respectfully Submitted, ade Fleming President/Owner Page 32 of 115 North of 1685 Independence — Rezone from R-3 to C-2 Looking west along 1685 Independence 1,1411 4 �1 l '� //////hill// /§//lb i 11 JIIIII111111111111111111111111111111111111111111111111111111111111111111111111111Viip., �������r ��'l�I���II�����I�IJIi�i�iiilllllllllllllllllllllllllllllllllll 01611fJ1iiiuum jljl 111 1111�1,111i,))� lp.161;1( \\% %%cm 1111111111111111111,....... 1111111 J� mII um�m II t l l� l d �Ilunuu,1,11. Looking northwest from Independence Avenue. or Looking north from Independence Avenue. 1 4u Looking south from senior multi -family housing complex. Page 33 of 115 Looking southeast from the Pinecrest Building Parking Lot 1111111111111111 Looking east from the Pinecrest Building Parking lot. 1'�,1� WI Iillnll YI ��ytlPY����lnlvill 1'i Looking east from the Pinecrest Building Parking lot. Looking northeast from parking lot of the Pinecrest Building. Page 34 of 115 Page 35 of 115 ALL THAT PART S 605 FT SE SEC 19 T 89 R 12 LYING W OF WLY ROW LINE WCF&N RR (NOW KNOWN AS THE WLOO RR) ROW EXCEPTING THEREFROM THE W 773.5 FT AND EXC S 325 FT E 100 FT W 873.5 FT AND EXC THAT PART CONVEYED TO THE WCF & N RAILWAY BY LD B 107 P 163 AND EXC CITY OF WATERLOO B 499 P 101 & EXC ALL LEGAL HIGHWAYS Page 36 of 115 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 I. APPLICATION INFORMATION: a. Applicant's name (please print): 7—, 4./: Address: 4// el '''°7 .6,',...57e_ - Phone: 3/61, -.</c) --?5-4=6"Fax: City: , 5 e,.„,_;-.2 State: -444 , Zip: S-k, b. Statu o applic6.nt: (a) Owner (b) Other X. (CHECK ONE): If other explain: ei 1(0 --/o/r)ei c. Property owner's nan f diffecent than above (please print): Address: /4, rs- ,7„_,I,..).....7,4„,,,, ,41--L.A.-: Phone: Fax: City: i'1/4_,.44 /447 :ii State: ',24Zip: fr--_, c7'2 2. PROPERTY INFORMATION: a. General location of property to be rezoned: ---/Lie b. Legal description of property to be rezoned: 9 /7 / 9vd-7 s, 1/:fri r...% 1 /9- xs c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): t,2 d. Area of Proposed Zoning Boundary (Excluding Right of Way): e. Current zoning: Ii -3 Requested zoning: f. Reason(s) for rezoning and proposed use(s) of property: 4_),,,, /I ,/,_16_,,, z„ 4 ---71-/ ir 'A ii/c--% 7'7.4 ,' le.2,-,10, ) "9,4-' )- c.„, I --1' U.":---- / z`-) j I Conditions (if any) agreed to: g. 7../ h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All infoonation submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. ignature of Apjillicant Date Az/Y/0 Signature of Owner Date Page 37 of 115 CITY OF WATERLOO Council Communication Amendment to the City of Waterloo Zoning Ordinance No. 5079 regulating the sale of fireworks. City Council Meeting: 2/4/2019 Prepared: 1/30/2019 REVIEWERS: Department Reviewer Action Date tip uc:nnnaropt ring Schroeder, Aric /\pprtwed 1/3012( 11 ... 110:42 AIMI Clerk r 011i1c ; ^,v. n,-.,eAnln Approved. t /30/201O ... t0:43 AM. ATTACHMENTS: Description Di Zoning Ordir Sales 1-18-19 SUBJECT: )sed Amendnuroeffi ion 1 ire• Type ks Backup Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning Ordinance, regulating the sale of fireworks. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the Ordinance. Submitted by: Submitted By: Aric Schroeder, City Planner Recommended Action: Approval Summary Statement: Staff is proposing changes to the City of Waterloo Zoning Ordinance No. 5079 regarding the sale of fireworks. The Zoning Ordinance does not currently specifically list fireworks as a permitted use, however the "C-1" Neighborhood Commercial District allows for "any retail business or service establishment". The amendment would exclude the sale of fireworks in the "C-1" District, and would allow for the sale of fireworks from permanent buildings in the "C-2" Commercial District (or less restrictive districts) when located within a principal building and not an accessory structure, and when said fireworks sales are accessory and customarily incidental to an existing principal retails sales use. Any existing fireworks sales from a principal building not meeting these requirements would be legal non -conforming (grandfathered). Fireworks sales, regardless of type of building and regardless if accessory to an existing use (so including from temporary structures), would be permitted in the "M-1" Light Industrial District or less restrictive districts, provided any structure or building used for fireworks sales is at least 200' from any "R" District, and provided that any temporary Page 38 of 115 Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: structures used for fireworks sales (tent, trailer, cargo container, etc.) is setback at least 25' from any property line. A copy of the proposed changes, showing strike through for wording proposed to be removed and underline for wording proposed to be added is attached. The Planning, Programming and Zoning Commission held a hearing on January 8, 2019 and unanimously recommended approval of the proposed amendment. none n/a Zoning n/a Page 39 of 115 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 MEMORANDUM To: Planning, Programming and Zoning Commission From: Aric A. Schroeder, City Planner Date: 12/18/18 RE: Proposed Zoning Ordinance Amendment: Fireworks Sales. At last month's meeting there was a discussion item regarding staff consideration of changes to the City of Waterloo Zoning Ordinance No. 5079 as it relates to the sale of fireworks. A proposed amendment is now being placed on the agenda for recommendation on adoption. The Zoning Ordinance does not currently specifically list fireworks as a permitted use, however the "C-1" Neighborhood Commercial District allows for "any retail business or service establishment". The amendment would exclude the sale of fireworks in the "C-1" District, and would allow for the sale of fireworks from permanent buildings in the "C-2" Commercial District (or less restrictive districts) when located within a principal building and not an accessory structure, and when said fireworks sales are accessory and customarily incidental to an existing principal retail sales use. Any existing fireworks sales from a principal building not meeting these requirements would be legal non -conforming (grandfathered). Fireworks sales, regardless of type of building and regardless if accessory to an existing use (so including from temporary structures), would be permitted in the "M-1" Light Industrial District or less restrictive districts, provided any structure or building used for fireworks sales is at least 200' from any "R" District, and provided that any temporary structures used for fireworks sales (tent, trailer, cargo container, etc.) is setback at least 25' from any property line. Please let Planning staff know if you have any questions or need any additional information regarding the proposed amendment. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 40 of 115 CHAPTER 14 "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT shall not restrict outside display areas when such display areas display items that can be legally sold by a commercial business on the property and when the display area does not exceed an area equal to the area occupied by the building(s) on a property. A. Principal Permitted Uses: 1. Any use permitted in the "R-4" District. 2. Group Homes [Ordinance 4554, 6/3/02] 3. Any retail business or service estab- lishment such as the following, except that fireworks sales shall be prohibit- ed: Animal Hospital or Veterinary Clinic, provided all phases of the business conducted upon the premises be with- in a building where noises and odors are not evident to adjacent properties Antique Shop Apparel Shop Bakery, retail only Barber Shop or Beauty Parlor Bicycle Shop Bookstore Candy Shops, retail only Car Wash Clothes Cleaning and Laundry Pickup Stations Coffee House Collection Office or Public 'Utility Commercial Parking Lots for passen- ger vehicles in accordance with the provisions of Section 10-25-2 Convenience Store [Ordinance 4976, 11/23/09] Dairy Store, retail only Delicatessen and Sub Shop Dry Goods Store Drug Store Financial Institution 60 10-14-1 REGUI ,ATIONS. Florist and Nursery Shop, retail only Fruit and Vegetable Market Furniture Store Gasoline Stations Gift Shop Grocery Store Hardware Store Hobby Shop Household Appliances, sale and repair Jewelry Store Launderette (Laundromat) Meat Locker, storage and retail sales only Music Store Paint and Wallpaper Store Post Office Substation Photographic Studio Radio and Television Sales and Service Radio and Television Studios, provid- ed that any towers or transmitting fa- cilities are in accordance with Section 10-27-1(B)(4) Soda Fountain Shoe Repair Shops Sporting Goods Tailor Shop Theaters Variety Store Professional Cleaning Service exclud- ing Dry Cleaners [Ordinance 5395, 04/10/17] 4. Any retail business or service estab- lishrnent listed above that is also a limited alcohol sales use as defined herein, further subject to the following requirements: a. No alcohol sales use shall sell or dispense alcoholic beverages via a drive-through or walk-up window or any similar drive -up or drive-in Page 41 of 115 CHAPTER 15 "C-2" COMMERCIAL DISTRICT 17. Lumber Yards and Building Materi- als, retail, but not including any manufacturing or fabricating for wholesaling operations. 18. Mini -storage or storage rental devel- opment, upon issuance of a Special Permit, which shall review the loca- tion for compatibility of surround- ing, highest and best use of land, and proximity to a major thorough- fare. [Ordinance 4683, 4/12/04] It is the intent of this provision for such uses to be towards the rear of highly visible commercial property. 19. Monument Sales Yard, but not with- out a principal building. 20. Off -premise advertising in accord- ance with Section 10-26-1. [Ordinance 4724, 9/20/04] 21. Motels and Auto Courts 22. Pet Shop, including Aquariums 23. Printing Shops, not to include more than two (2) 12"x 18" inch job press- es 24. Restaurant: Fast Food Type and Standard Type, and drive-in eating establishments, provided that any such use that meets the definition of an Alcohol Sales Use shall meet the requirements for a limited alcohol sales use (on -premise consumption). 25. Delayed deposit service uses, pro- vided that such uses meet the fol- lowing requirements: a. The use is licensed as a delayed deposit services business by the State of Iowa. b. No delayed deposit service use shall be located within 600 feet from any of the following, as measured in a straight line from the closest point of the property line in which a delayed deposit service use is located to the dos - 65 10-1 -2 BULK -REGULATIONS. est point of the property line of such other use or area: protected uses, pawnbroker uses, other de- layed deposit service uses, adult uses, or non -limited alcohol sales uses. c. No delayed deposit service use shall offer or provide delayed deposit services via a drive- through or walk-up window or any similar drive -up or drive-in system. 26. Pawnbroker uses 27. Freestanding Commercial Parking Lots, upon approval of a Special Permit by the Board of Adjustment after recommendation of the Com- mission. [Ordinance 5288, 06/15/15] 28. Fireworks Sales„ wh.en located with- in a building and not an. accessory structurc„ and when said fireworks sales are accessory an.d. customarily incidental to an existing wincipal retail sale u.se. 28. Other similar service and retail busi- nesses not included in the above list subject to the administrative review and approval of the Planning staff. If staff determines that the proposed use is not similar in nature, it shall be considered a proposed use not covered by title, as regulated in 10-5- 1(R). B. Accessory Uses: 1 Accessory uses permitted in the "C-1" District. 2. Accessory uses and structures cus- tomarily incidental to any permitted principal uses. 10-15-2 BULK REGULATIONS. [Ordinance 3050, 10/1/79] [Ordinance 3192, 2/22/82] [Ordinance 4592, 1/6/03] Page 42 of 115 CHAPTER 19 -1" LIGHT INDUSTRIAL DISTRICT 10-19-2 REQUIRED CONDITIONS. 18. Machine shop. 19. Manufacture of musical instruments and novelties. 20. Manufacture or assembly of electrical appliances, instruments and devices. 21. Manufacture of pottery or other simi- lar ceramic products, using only pre- viously pulverized clay and kilns. 22. Manufacture and repair of electric signs, advertising structures, sheet metal products, including heating and ventilating equipment. 23. Milk distributing station other than a retail business conducted on the premises. 24. Mini -storage development. [Ordinance 4683, 4/12/04] 25. Sawmill, planing mill, including man- ufacture of wood products not involv- ing chemical treatment. 26. The manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceutical, and food products except fish and meat prod- ucts, cereals, sauerkraut, vinegar, yeast, stock feed, flour, and the ren- dering or refining of fats 'and oils. 27. The manufacture, compounding, as- sembling or treatment of articles or merchandise from previously pre- pared materials such as bone, cloth, cork, fiber, leather, paper, plastics, metals or stones, tobacco, wax, yarns and wood. 28. Automobile Body or Fender Repair Shop. Vehicles not in running condi- tion, not DOT operational and not be- ing actively restored to running condi- tion as well as machinery, salvage, or used parts shall be located in an en- closed building. 80 29. Wholesale Lumber Yards or Building Material Sales Yards or Manufactur- Mg Facilities. 30. Storage Warehouse or Business in- cluding mini -storage or storage rental. 31. Wholesale Warehouse or Business 32. Recycling, Junk or Salvage Yards up- on approval of a Special Permit by the Board of Adjustment after recom- mendation of the Commission and in compliance with the requirements of 10-27-1(H)(8). Any new yard estab- lished after the effective date of adop- tion of this Ordinance shall have a minimum fenced yard arca of five (5) acres. This provision shall not restrict the expansion of an existing yard that is less than five (5) acres. 33. Sales Auction including automotive, farm implement, livestock, furni- ture/appliances, and similar uses. 34. Delayed deposit services uses. 35. Fireworks Sales, provided that any such structure or 'building useci for fireworks sales shall be at least two hundred 200 feet from an. "R" Dis- trict, and provided 0- rary structure used for fireworks sales tent ailer ca " C e. • etc. shall be setba.ck at least twenty-five (25) feet from any property line. B. Accessory Uses: 1. Any accessory uses permitted in the "C-3" Commercial District. 2. Any accessory uses customarily acces- sory and incidental to a permitted principal use. 10-19-2 REQUIRED CONDITIONS. No use shall be permitted to be estab- lished or maintained which by reason of its nature or manner of operation is or may be- come hazardous, noxious or offensive owing Page 43 of 115 CITY OF WATERLOO Council Communication Asbestos survey services for properties located at: 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th Street, 536 Dawson Street, 623 W. 2nd Street, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street, 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. City Council Meeting: 2/4/2019 Prepared: 1/30/2019 REVIEWERS: Department 1° pananrn'na,orn_nrnx Clerk: Office ATTACHMENTS: Description R.➢ ll R.cuirner.;t for. t:inni Tabulation SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, Aric i^;venin, i:,eAnn:nn Action Approved Approved Type CGDver e. no Backup Material Date 11/30/2(19... I/30/2019 ...InNA All Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to the Community Planning and Development Director for review. Submitted By: Noel Anderson, Community Planning and Development Director Approval The above mentioned properties where all acquired through Iowa Code 657A. Accepting bids for asbestos survey's is the first of three steps towards demolition. After the asbestos surveys are complete, staff will go out for bid for asbestos abatement on those home that where found to contain asbestos. And thirdly, staff will then solicit bids for demolition. unknown Nuisance Abatement/Dilapidated Housing Nusiance abatement Page 44 of 115 CITY OF WATERLOO, IOWA Request for Bids Due January 31, 2019 at 12:00 p.m. ASBESTOS SURVEY SERVICES 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Page 45 of 115 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped) by 12:00 p.m. Thursday January 31, 2019. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS SURVEY SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Proposal: Date of Issuance: Deadline for Proposal Submittal: Submit Sealed Proposal to: Address exactly as stated-* --) -+ Method of Submittal: Contact Person, Title: E-mail Address: Phone/ Fax Numbers: ASBESTOS SURVEY SERVICES -2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Wednesday January 9, 2019 Thursday January 31, 2019 at 12:00 p.m., Central Time SEALED RFP FOR ASBESTOS SURVEY SERVICES City Hall -2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street Planning and Zoning Department -2nd Floor City Hall 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Chris Western, Planner II/Project Manager chris.western@waterloo-ia.org Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercf3 eeteE f 115 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. e 2 or1� 1.4 Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercf3 F47 of 1 15 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. e 3 of 11 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks, anticipated to be from (February 4, 2019) to (March 1, 2019). 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14 -day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14 -day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10 -days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercf3 eet48 of 1 15 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. e 4 or 11 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail or email to: City of Waterloo Planning and Zoning Department, attn: Pre Demolition Asbestos Survey of 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7t" Street, 536 Dawson Street, 623 W. 2nd Street, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street, 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercf3 eet4 q f 1 15 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. e 5 or 11 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos survey services in connection with the demolition of 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos surveyor to complete a pre - demolition asbestos survey of the properties acquired or to be acquired and to provide monitoring of asbestos abatement activities for all properties that will require monitoring based on the results of the asbestos survey. The Contractor shall furnish all tools, labor and materials for the proposed asbestos surveying and monitoring of abatement in accordance with all applicable plans, specifications, codes and ordinances of the City of Waterloo, Iowa, asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Parts 61 and 763, NESHAP, and any other Federal Regulations, as well as all applicable State Regulations of the Iowa DNR. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. The services to be performed under this Contract shall consist of the following: 4.1.2 Locating and identifying asbestos containing materials (ACM) in each structure located at the address (es) listed in this RFP. 4.1.3 Taking an adequate number of samples to identify ACM. 4.1.4 Suspect materials will be sampled and analyzed in an accredited lab. 4.1.5 Provide a written report for each property location on the samples taken, room location and room area (square footage), the type of ACM, the percentage and quantity, and other pertinent information for the requirements of an asbestos survey. 4.1.6 Provide written specifications for required asbestos abatement procedures. 4.1.7 Monitoring of asbestos abatement activities for any properties identified in the asbestos survey as having findings requiring asbestos abatement monitoring, verifying through inspection the removal of ACM as outlined in your survey report, and providing clearance reports following completion. 4.1.8 Coordinate all asbestos abatement monitoring services with asbestos abatement contractors and relevant City staff. 4.1.9 Reserved RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercf3�15(OI of 115 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. e 6 or 11 4.1.10 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.11 Provide other services as requested by the City as may be necessary to implement the Project. 4.1.12 Provide the above-described monitoring services on an as -needed basis, without assurance of regularity in the frequency of transactions, the number of transactions that may be handled concurrently, or the total number of transactions. 4.2 The Contractor shall complete the Project in an expeditious manner and shall commence work within seven (7) days after being notified by the City with a Notice to Proceed on any given property or properties. It is anticipated that the City will issue a Notice to Proceed approximately concurrently for all properties identified in this RFP. All work shall be completed and reports and necessary documentation provided within thirty (30) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. A separate Notice to Proceed will be issued for surveying work and for monitoring of abatement work. 4.3 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.4 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercrahqtrgols f 115 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. e 7-0f 1� SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercf3 e-5 f 115 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. e 8 or1f against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercf3 �15 f 1 15 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. e 9 0r1� EXHIBIT "A" SIGNATURE PAGE 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th Street, 536 Dawson Street, 623 W. 2nd Street, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: We choose not to bid at this time but would like to be considered for future requests for bid Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commerc#3j4 f 115 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Pa 0 of 1� Our bid, for asbestos survey services of the above listed sites is and will not exceed: 2127 E. 4th Street (Rectory only) $ 419 Lane Street $ 800 W. 2nd Street $ 614 W. 7th Street $ 536 Dawson Street $ 623 W. 2nd Street $ 411 E. 8th Street $ 328 W. 14th Street $ 1211 Sycamore Street $ 1420 Commercial Street $ 1422 Commercial Street $ 1426 Commercial Street $ 1430 Commercial Street $ 421 Logan Avenue $ 154 Harrison Street $ Total $ The contractor with the lowest total bid for all properties will be award the contract. RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commerc#3 jf 1 15 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Pa 1 oT1� ASBESTOS SURVEY SERVICES AT 2127 E. 4TH STREET (RECTORY ONLY), 419 LANE STREET, 800 W. 2ND STREET, 614 W. 7TH STREET, 536 DAWSON STREET, 623 W. 2ND STREET, 411 E. 8TH STREET, 328 W. 14TH STREET, 1211 SYCAMORE STREET, 1420 COMMERCIAL STREET, 1422 COMMERCIAL STREET, 1426 COMMERCIAL STREET, 1430 COMMERCIAL STREET, 421 LOGAN AVENUE AND 154 HARRISON STREET Bid Tab: January 31, 2019 Estimate: A: $12,500 Bidder Bid Security Bid Amount AAA Budget Environmental, Inc., Monticello, IA No Bid Bond Bid Rejected Hawkeye Environmental, Solon, IA 5% $8,100.00 Terracon, Cedar Falls, IA 5% $13,875.00 New Horizons, LLC Lincoln, NE Bid Received Late Bid Rejected Page 56 of 115 CITY OF WATERLOO Council Communication Purchase of one (1) 2019 One Ton Truck with Dump Body City Council Meeting: 2/4/2019 Prepared: 1/31/2019 REVIEWERS: Department pais .t e Services Clerk Office Reviewer Paul. p^^"vera i.,eAnn ATTACHMENTS: Description a 1.1iap Laments 2019 One ,Tun DV3 nai 'Fah SUBJECT: Submitted by: Recommended Action: Summary Statement: Source of Funds: Background Information: It y Action Appra.aved Approved. Type (1:oven C13 a r�r Backup Material Date 1/31/2019 ... 12:23 P M 1/31/201.9 2:48 PM Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No Comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract etc. Resolution Authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution awarding bid to Ryden Chevrolet of Independence, Iowa in the amount of $61,606.14. Submitted By: JB Bolger, Golf & Downtown Area Maintenance Manager Approve Purchase This unit will be used throughout the park system in waterloo. It will tow trailers with equipment and will also be used in a light duty dump truck capacity. CIP Funds -Capital Equipment- Leisure Services Trucks This truck will be replacing a 1996 F350 with dump body that is worn out and prone to breakdowns. This transaction was planned for and budgeted in the Capital Equipment Five Year Plan. Page 57 of 115 CITY OF WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO IA 50701 GENERAL INSTRUCTIONS, REQUIREMENTS AND SPECIFICATIONS ONE (1) NEW 2019 One Ton Truck w/Dump Body BID REQUEST Bid documents for One (1) New 2019 One Ton Truck w/Dump Body ready for use by the City of Waterloo, Iowa. Page 58 of 115 INSTRUCTIONS TO BIDDERS BID DEADLINE DATE: 1:OOpm Thursday January 31, 2019 The City of Waterloo, Iowa, is seeking competitive bids on the purchase of one (1) one ton truck with dump body as described in the enclosed specifications. All bids are to be submitted to the City Clerk's Office located at 715 Mulberry Street, Waterloo, Iowa, 50703, in a sealed envelope. When submitting bid, please note on the lower, left-hand corner of envelope: ➢ Leisure Services One Ton Truck w/ Dump Body All bids must meet or exceed the Specifications provided. Bids that do not meet or exceed the Specifications will be rejected. All bid prices are recognized by the City and the Bidder to be valid irrevocably for a minimum of sixty (60) days from the calendar date of the Bid Opening. Standard procedure dictates that the City of Waterloo will accept the lowest responsive, responsible bid. However, the Bidder understands that the City reserves the right to reject any bid that is either considered not to be responsive or not most advantageous to the City. The City will normally award the purchase contract to the responsible Bidder who meets or exceeds the minimum specifications provided. The City of Waterloo, Iowa, reserves the right to accept or reject any and all bids. If applicable, the Bidder guarantees that Title conveyed for the goods shall be delivered free from security interest or other lien or encumbrance. The Bid Price given shall be the complete price for unit or units meeting specifications provided. This price shall include all discounts, freight and/or transportation costs necessary to supply the vehicles in accordance with the Specifications and to the final destination at 1101 Campbell Avenue, Waterloo, Iowa. Page 59 of 115 INSTRUCTIONS TO BIDDERS PAGE TWO Certain units may have special warranty provisions, maintenance provisions, or buy- back guarantees. These will be listed in the individual specifications. The Bidder is cautioned to review these carefully and complete the bid proposal accordingly. Specific questions may be addressed to: JB Bolger Golf & Downtown Area Maintenance Manager, Waterloo Leisure Services, 1101 Campbell Avenue, Waterloo, Iowa 50701, (319) 291-4370. The Bidder must have and maintain inventory of repair parts as well as have experienced service personnel for this equipment. The Bidder shall certify by the act of signing and submitting his/her bid that all items and service delivered hereunder shall comply with the Federal Occupation Safety and Health Act of 1960 as amended and applicable. BID DEADLINE: Bids will be received until 1:OOpm, local time on Thursday, January 31, 2019. Bids will be opened 1:OOpm at City Hall 715 Mulberry Street in the first floor conference room and read publicly at the Monday February 4, 2019, 5:30 p.m. City Council meeting. THE CITY RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS. Page 60 of 115 SPECIFICATIONS ONE (1) NEW 2019 One Ton Truck w/ Dump Body The undersigned hereby proposes to furnish the following equipment f.o.b. Waterloo, IA, ready for immediate use with all necessary parts and accessories needed for its operation as specified below. Dealer must list any deviation from specifications given. 2019 Ford F450 Super Cab Chassis Cab w/ 9' Stainless Steel Dump Body Required Items FORD CHASSIS SPECS: • Super Cab • XL Trim Package • 6.7L 4 Valve OHV Power Stroke V8 Turbo Diesel Engine • TorqShift 6 -Speed SlectShift Automatic Transmission (Diesel Engine) • 168" WB / 60"CA • 16,000 GVWR Downgrade Package • 4 -Wheel Drive • 4.30 Limited Slip Axle • Dual Rear Wheels • Power Equipment Group • Extra Heavy Duty Front Suspension • Snow Plow Prep Package • 19.5 -inch Argent Painted Steel Wheels (DRW) • Live Power Takeoff Provision with Mobile and Stationary PTO Modes • Advanced Security Pack • Alternators- Dual • Engine Block Heater • Manually Telescoping/Folding Trailer Tow with Power/Heated Glass, Heated Convex Spotter Mirror, Integrated Clearance Lamps/ Turn Signals • Upfitter Switches • 360 Degree LED Light Bar (40" or larger) Center Mounted to Headache Rack of Dump Body- Wired into Ford Factory Upfitter Switches- Minimum of 8 Signal Patterns • Platform Running Boards • Six 225/70RX19.5G BSW Traction Tires (front and rear) • Race Red Paint Color • Front and rear Splash Guards/Mud Flaps • Spare Tire, Wheel and Jack (6 Ton) • Medium Earth Grey Vinyl • Carpet Delete (Rubber Flooring Installed) • Ford Heavy Duty Rubber Floor Mats • Integrated Trailer Brake Controller • AM/FM Stereo with 2 Speakers Page 61 of 115 • HD Vinyl, 40/20/40 Split Bench Seats • 6 -PIN Trailer Wiring (See included diagram) DUMP BODY & HITCH SPECS- Either is Acceptable Rugby Eliminator Stainless Steel LP • 1/2 Cab Shield (Standard Height) with rearview window • Fully Stainless Steel Interlaced Understructure • 9' 3" Floor Length • 3/16" Thick Stainless Steel Floor • 12" Side Height • 18" Tailgate Height • 10 Gauge 201 2b Stainless Steel Sides and Ends • Class 40 Electric over hydraulic lift- two way hoist • Pockets for 6" Side Boards • EZ Latch System Tailgate • Full LED Lighting System for Brakes and Marker Lights • Minimum 3/4" Thick Hitch Plate with Adjustable Height Pre -Drilled Holes for Pintle Placement on Standard Hitch • Combination Pintle Hook with 2-5/16 inch Ball (Installed) • Prepunched Hole that Fits Multiple Electrical Trailer Wire Adapters • Two 5/8" D -rings Henderson Mark III- Fully Stainless Steel • 1/2 Cab Shield (Standard Height) with rearview window • 9' Floor Length • 3/16" Thick Stainless Steel Floor • 13" Side Height • 19" Tailgate Height • 10 Gauge 201 2b Stainless Steel Sides and Ends (not standard 12 gauge) • Class 40 Electric / Hydraulic lift- two way hoist • Pockets for 6" Side Boards • Optional rubber handle center mount quick release tailgate • Full LED Lighting System for Brakes and Marker Lights • Minimum 3/4" Thick Hitch Plate with Adjustable Height Pre -Drilled Holes for Pintle Placement on Standard Hitch • Combination Pintle Hook with 2-5/16 inch Ball (Installed) • Prepunched Hole that Fits Multiple Electrical Trailer Wire Adapters • Two 5/8" D -rings Page 62 of 115 CITY OF WATERLOO BID FORM ONE (1) NEW 2019 One Ton Truck w/ Dump Body Our bid for one (1) new 2019 One Ton Truck w/ Dump Body meeting the specifications as previously stated in these bid documents, delivered F.O.B. to Leisure Services, 1101 Campbell Avenue, Waterloo, Iowa, ready for use by the City of Waterloo: $ If awarded the contract, we agree to deliver the above listed equipment to the City of Waterloo by May 27, 2019. Failure to deliver to the City of Waterloo on or before the designated date shall result in a penalty at a daily rate of $50.00 per working day until delivery is made. We understand that this quotation will be reviewed by the Leisure Services Golf & Downtown Area Maintenance Manager and the Waterloo City Council for the purpose of securing the equipment at the most favorable cost. Life Cycle Analysis will be used when appropriate. Factors such as service location and availability, warranty, maintenance records and vendor's past performance records will be considered where applicable. Bidder Company Name Address City Contact Person State Zip Code Signature Date Phone Fax Page 63 of 115 Mail to: WITHAM FORD ATTN JERRY CHAPMAN 2033 LA PORTE RD WATERLOO IA 50702 BILL COLWELL FORD ATTN MIKE STARK 238 WATERLOO RD HUDSON IA 50643 ROLING FORD ATTN RANDY KRULL 1105 MASON WAY SHELL ROCK IA 50670 DONS TRUCK SALES ATTN BLUE SEBETKA 102 1ST STREET SOUTH FAIRBANK IA 50629 STIVERS FORD ATTN RICK HOFFMAN 1450 EAST HICKMAN RD WAUKEE IA 50263 FUTURELINE TRUCK EQUIPMENT ATTN JEFF KIMBRO 5815 4TH STREET SW CEDAR RAPIDS IOWA 52404 McGRATH FORD ATTN TYLER YOUNG 4001 1ST AVE SE CEDAR RAPIDS IA 52402 Page 64 of 115 PURCHASE (1) ONE -TON TRUCK W/DUMP BOX Bid Tab: January 31, 2019 Estimate: $67,000 Bidder Bid Amount Bill Colwell Ford Hudson, IA A: $62,786.00 Don's Truck Sales, Fairbank, IA A: $62,349.00 McGrath Ford Cedar Falls, IA A: $62,035.84 Rydell Chevrolet, Independence, IA A: $61,606.14 Stivers Ford Lincoln Waukee, IA A: $62,955.00 Witham Auto Center LaPorte City, IA A: $65,269.00 Page 65 of 115 CITY OF WATERLOO Council Communication Resolution authorizing the submission of a MATCH grant application to the Wellmark Foundation, for a maximum amount of $30,000, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 2/4/2019 Prepared: 1/29/2019 REVIEWERS: Department Clerk: Il e>rk_ SUBJECT: Submitted by: Summary Statement: Alternative: Background Information: Reviewer Action Date DCa�ua.sona, Iasi i.e .Approved i/29/2011 ... 6:i➢4 P N4 p^"vcn, 1,eAnn Approved li/30/201 Q 5 A Resolution authorizing the submission of a MATCH grant application to the Wellmark Foundation, for a maximum amount of $30,000, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Coupled with an existing $30,000 in GO Bonds designated for sidewalk construction and Complete Streets projects, awarded grant money would be used to further construction of identified sidewalk infill in the George Washington Carver Academy of Excellence area. The Wellmark Foundation is currently accepting MATCH grant request applications (up to $100,000) for projects that : 1. Increase access to, and consumption of, nutritious foods; or 2. Create safe and healthy environments in which to be active. Applications are due February 22, 2019. Grants selected will be announced in May and the prospective grantee will have 16 weeks to demonstrate the match has been secured. Grantees meeting the required match will be awarded grant funds in September 2019. Each MATCH grant awarded in 2019 must be completed in two years. If selected and awarded a MATCH grant, construction of this project would take place late Fall 2019 or Spring 2020. Page 66 of 115 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Helland Engineering & Surveying, LTD for land surveying services along Airline Highway, in an amount not to exceed $700, and authorize the Mayor to execute said document. City Council Meeting: 2/4/2019 Prepared: 1/30/2019 REVIEWERS: Department 1° pntnnntll:r g & .Iom CIIeak Office, ATTACHMENTS: Description D Agreement eer.ri.en:t SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Schroeder, Afi_c p^;ven, p:.eArin Action A pp ro ved Approved. Type Backup Marten Date 1/30/201.9 ... 9:54 .A.M 1/30/2019 ... 1.0:05 AM Resolution approving a Professional Services Agreement with Helland Engineering & Surveying, LTD for land surveying services along Airline Highway, in an amount not to exceed $700, and authorize the Mayor to execute said document. Submitted By: Noel Anderson -Community Planning and Development Director To approve and authorize the contract. The City is working towards aquiring the additional 80' of land for developmental purposes. The addition land is adjacent to land the city currently owns. Up to $700.00 TIF Economic Development policy number 1, 3 &4 within the Strategic Plan. N/A Page 67 of 115 NES Helland Engineering and Surveying, LTD. 6109 Chancellor Drive - Cedar Falls, Iowa 50613 Phone 319-266-0161 hellandsurveying@cfu.net January 22, 2019 Noel Anderson Community Planning & Development Director City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Re: 80" strip West side of "Criterion" 3070 Airline Highway, Waterloo, Iowa Dear Noel: Per our conversation, I estimate to complete and supply the City of Waterloo with Plats of Survey (1 parcel and 2 tracts in total) for a fee of $700.00, for all items listed below: 1. 1 parcel split of the Westerly 80' of Deed Book 457 page 253 (Criterion Manufacturing) SE 1/4, Section 5-T89N-R13W, designated with a new Parcel letter approved by the County Auditor's office. 2. 1 Tract (66'+/- in width N -S) to vacate along Airline Highway (Airport Commission ROW) along the Southerly boundary of the new 80' parcel. 3. 1 Tract (33'+/- in width N -S) to vacate along Airline Highway (From State to City of Waterloo ROW) along the Southerly boundary of the new 80' parcel Timeframe for completion would be within 15-21 days. This does not include any recording fees for said Plats of Survey. I estimate recording fees to be $12.00-$19.00. If you have any questions, please feel free to contact me. Thank you for the opportunity to submit this proposal. Sincerely, Kyle J. Helland, PLS Page 68 of 115 CITY OF WATERLOO Council Communication Resolution approving an Amendment to a Development Agreement with Black Hawk Contracting & Development, changing the timeline and adding the 657A Infill Policy incentive on property located within Hillside Addition, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 2/4/2019 Prepared: 1/30/2019 REVIEWERS: Department 1° p:nnnr'ang 8 or O CIletk Office, Reviewer Schroeder, Aroc Even, LeAnnd ATTACHMENTS: Description D Madison Monroe A:nniien SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Action Approved Approved Type Cover Menia Date 1/30/201.9 ... 9:57 .AM i/30/2019 ... 10:06 AM Resolution approving an Amendment to a Development Agreement with Black Hawk Contracting & Development, changing the timeline and adding the 657A Infill Policy incentive on property located within Hillside Addition, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Approve the amendment The City continues to work with Black Hawk Contracting for the redevelopment and infill development of housing in the Madison and Monroe area. $5,000 per home upon a Certificate of Occupancy ($15,000 total) Bonds for residential development Infill Development Economic Development Land Use Not approve The City acquired the former school site to eliminate blight and promote more infill housing. John Rooff also bought the land west of the school site and built homes for infill development. This amendment will help develop the remaining lots for new homes. Hillside Addition Page 69 of 115 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2019 by and among Black Hawk Contracting & Development Co. ("Company") and the City of Waterloo, Iowa (the "City"). John R. Rooff III ("Rooff") executes this Amendment individually for the purpose stated in Section 2 hereof. RECITALS A. Company and City are parties to a certain Development Agreement dated April 8, 2013 and filed April 12, 2013 as Doc. No. 2013-21205 (the "Agreement"), providing for Company's development of certain property as described therein. B. The parties desire to amend the Agreement on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The Agreement is amended to provide a new schedule for construction and completion of the improvements described therein, as follows: Company shall complete construction of three (3) homes and related improvements no later than December 31, 2022 and shall complete construction of two (2) homes and related improvements no later than December 31, 2023. The parties acknowledge that Company completed construction of one (1) home before the date of this Amendment. 2. The Agreement included a personal guaranty that Rooff failed to execute. Rooff agrees that his execution of this Amendment shall have the same legal effect as if he had signed the personal guaranty included in the Agreement and that he shall be bound thereby to the same extent as if he had originally signed it. 3. A new Section is added to the Agreement, as follows: Page 70 of 115 Development Grant. Upon completion of each new home and all related Housing Improvements, as evidenced by issuance of a certificate of occupancy, City will make to the developer party a one-time grant of $5,000.00 for each completed home, in accordance with City policy." 4. Except as modified herein, the Agreement shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the Agreement. The Agreement and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA BLACK HAWK CONTRACTING & DEVELOPMENT CO. By: By: Quentin Hart, Mayor John R. Rooff, III, President Attest: Kelley Felchle, City Clerk 2 John R. Rooff, III, personally Page 71 of 115 CITY OF WATERLOO Council Communication Resolution approving temporary easement agreements with Steven M. Southworth and Dana M. Southworth in the amount of $185.10, at 4007-4009 University Avenue, Steven M. Southworth in the amount of $370.27, at 4003-4005 University Avenue, and Steven M. Southworth and Dana M. Southworth in the amount of $100.00, located east of 4003-4005 University Avenue, in conjunction with the University Avenue reconstruction Phase II project. City Council Meeting: 2/4/2019 Prepared: 1/28/2019 REVIEWERS: Department Reviewer Action Date l pnnrnnnanu &'c. Zanily, Schroeder, A.ric Approyen 1/28/2019 ... 3:47 P M t"Ilerk Office 1..eAnUn Approved '/30/201 9 ... :3a3 AM_ ATTACHMENTS: Description Type D �p i` una 9tJ %n4GAtJ9t University Va i� ,n v aon�rthworth a°�tev�°n andBackup Mawr nlp Sig ed Easornent Parcel 109 South. vrortlh�, Sty ven IM[ 40((1...400005 University Ave „ ted Eaosemennt Parcel 110 ... Southworth, Steven apdIF:'3ae°p:uaCr paten: l4 - Iba t oi°4003 400 -University Ave l\4ateiriiai SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Resolution approving temporary easement agreements with Steven M. Southworth and Dana M. Southworth in the amount of $185.10, at 4007- 4009 University Avenue, Steven M. Southworth in the amount of $370.27, at 4003-4005 University Avenue, and Steven M. Southworth and Dana M. Southworth in the amount of $100.00, located east of 4003-4005 University Avenue, in conjunction with the University Avenue reconstruction Phase II project. Submitted By: Aric Schroeder, City Planner Approval The City of Waterloo is preparing to reconstruct the second phase of University Avenue, which involves the need for approximately 20 temporary easements, one permanent easement, and one fee title acquisition needed to complete the project. The offer price was based on 120% of the assessed value of the property, multiplied by 10% for temporary easements because they are only temporary (during construction). This transmittal includes 3 temporary easements where the owners have agreed to grant the temporary easement. The easement areas will be returned to the state they were in prior to construction. This is the final acquisition that is needed for the project. $655.37 Page 72 of 115 Source of Funds: Transfer of Jurisdiction funds from the State of Iowa Policy Issue: Acquisition for street reconstruction Page 73 of 115 Prepared by: Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 -- (319) 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration to be paid promptly following the full execution of this Agreement, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the University Avenue Reconstruction Project Phase 2, Parcel 108, together with a right of ingress and egress thereon, and subject to the City of Waterloo and City of Waterloo's contractor completing all work within said temporary easement area over twenty four (24) nonconsecutive weeks from when the City of Waterloo or City of Waterloo's contractor begin any disruption activities within said temporary easement area. Disruption shall include, but not be limited to, any removal of existing surface areas, grading, or any obstruction of the area, but shall not include disruption activities on adjacent property not part of said temporary easement area. The easement term may be extended upon written notice from the City to the undersigned following the occurrence of an act of (3od, war, civil disturbance, court order, labor dispute, fire, heavy rains, or other cause beyond the reasonable control of the City. Said notice shall recite the cause for delay, and the period of extension shall be substantially equal to the period during which work activities cannot be conducted. SteVen M. Southworth State of i7 444^w V— County) ss. V 2?. Dana M. Southworth Acknowledged before me on \,)W Z by St6ven and Dana M. Southworth. [Seal] .71 c Notary Public Page 74 of 115 vicAl obonos0001011111110010000 rrrrrr0 reerhomahrellhir011111110 0000000(rhoodolorAhog000d000lool000boololool000dliodihdonitirN6,12, MIS UNIV 11 eRflUh ll °I° 01f 10111,1111;P°1111101110R1 01°(° 111000000 01110000111101'1111111111100000001 000 0 r Iror Or V k r .01 1114 1„,,0004,11110 -000000 01110,11011--01 '" 1,1,q 10100,,01. pOp 1°10, 10101° SOUTHWORTH, 11ISTEVEN MVO SOUTHWORTR, 0000luEl°Dil .rmteL04:R7Mi4n:fil 50311 -§P r ttI° :00000 00 0 0100 000000 000001001111 I I r „ ,,W0,1100101100010000100,01,00,000000011100000000000010 10 0 111 1111 " 0 20 LLE11 r77,777,77,73 LEGEND RIGHT-OF-WAY LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERM. UTILITY EASEMENT TEMPORARY EASEMENT hP PARCEL 108 Feb, 2.018 Figure 9 Temporary Easement SOUTHWORTH, STEVEN M SOUTHWORTH, DANA M University Avenue Reconstruction tows Division - Waterloo, Iowa 6052899 Page 75 of 115 Prepared by: Aric Schroeder, City of Waterloo, 715 Mulberry Street. Waterloo,_ IA 50703 — (319)191-4366 TEMPORARY EASEMENT AGREEMENT For consideration to be paid promptly following the full execution of this Agreement, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State o[Iowa: See attached Exhibit in conjunction conjunction with improvernents related to the University Avenue Reconstruction Project Phase 2, Parcel 109, together with a right of ingress and egress thereon, and subject to the City of Water]oo and City of Waterloo's contractorcornpleting alt work within said temporary easement area over twenty four (24) nonconsecutive weeks from when the City of Waterloo or City of Waterloo's contractor begin any disruption activities within said temporary easement area. Disruption shall include, but not be limited to, any removal of existing surface areas, grading, or any obstruction of the area, but shall not include disruption activities on adjacent property not part of said temporary easement area. The easement term may be extended upon written notice from the City to the undersigned following the occurrence of an act of God, war, civil disturbance, court order, labor dispute, fite, heavy rains, or other cause beyond the reasonabte control of the City. Said notice shall recite the cause for delay, and the period of extension shall be substantially cqual to the period during which work activities cannot be conducted. Steven outhworth State of IihkiA Acknowledged before me on 2? 7019 by S ly/ortb. Notary Public Page 76Of115 1001111111111111111110i11111111111 7.,011111111"11111" ilIf111.1"1"111- " 1111h 1111on 111111(11111.,, 11111111 00"1"10111111111111111111111 111111111' t011000000000000000000 11111 111111111111111 00 ' 110r 171110011001s06010110i100000000110000001117 00 00 00 0'7 000 11,00000 00010 "11111(1.,(0,1(1,11(1.1.,(,(11(11 0 111111,1111111, 'It 101 EITY AVE 155.6't 496 111111illi hi„ 004 1»10101010111111111111111111111111111 "1111011 1"1"111111PT,11:1, LEGEND RIGHT-OF-WAY LINES PERM, EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERM. UTILITY EASEMENT TEMPORARY EASEMENT rij 1111111111111111111111111111111111111111111111 11111 „,„..„„111111mI111111 PARCEL 109 • • ".• ••"" ,Jt0tt„„tt.„t„„„..tt00.t.tt.ttit",tttrto,00,'010.'ttttt,t,',H,,„,,:,tt„„,,,,,,, 1,(,(11(1111,1,1,1,1,1,1,1,1,1,1,1,1,11( Figure 10 Temporary Easement SOUTHWORTH, STEVEN M University Avenue Reconstruction Feb., 2018 lowo Division — Waterloo, Iowa 6052899 Page 77 of 115 Prepared by: Aric Schroeder, City of Waterloo, 715 Mulbeny Street, Waterloo, IA 50703 -- (319) 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration to be paid promptly following the full execution of this Agreement, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the University Avenue Reconstruction Project Phase 2, Parcel 110, together with a right of ingress and egress thereon, and subject to the City of Waterloo and City of Waterloo's contractor completing all work within said temporary easement area over twenty four (24) nonconsecutive weeks from when the City of Waterloo or City of Waterloo's contractor begin any disruption activities within said temporary easement area. Disruption shall include, but not be limited to, any removal of existing surface areas, grading, or any obstruction of the area, but shall not include disruption activities on adjacent property not part of said temporary easement area. The easement term may be extended upon written notice from the City to the undersigned following the occurrence of an act of God, war, civil disturbance, court order, labor dispute, fire, heavy rains, or other cause beyond the reasonable control of the City. Said notice shall recite the cause for delay, and the period of extension shall be substantially equal to the period during which work activities cannot be conducted. Steven M. Southworth State of 1561'c U. aprks.) County ) ss. Acknowledged before me on and Dana M. Southworth. ) : k Dana M. Southworth 2i by Ste,, Southworth Notary Public Pge 78 of 115 Vi(510 c, , 0 CO •:"•• CS) 5 2 EN, LC, (-4 20 04 0101111111ppyypill01111111, 111111111111 PY14,tal,1151Yloolloilooll yikol000yhohrooyehohomidmh000n;41ve Iiii00011011110110'" yyyyy,„1 114 yy1111(Y, 11Y .11:11,yy.y.yoyyyryy YYY,Yyy„•,1 YYyy,,,,yyyyyyyyyyyyyyyyyyyyy 11111111111111 111111111111111Y 1,1„1„11,11 11111 11111111111111111111111,1,„„. YYyyyyyy.YYYY,yyy.y.'YyYyYyyy,Y,YYYYYIYYYYYYYYIYYYYYYY,YyYyoyyyyy.yyyyyyy ' „. • 111111,1% Y:"'lloppyfiel,1,1,5111IIYIYYY,',Y,',!ly,10,1yillyylIII11,1111 150,1' 111,11,11)100 111:11111F.11111,11111 111111Pg YY!,10.10 vita LEGEND RIGHT—OF—WAY LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERM. UTILITY EASEMENT 1 TEMPORARY EASEMENT 11Iiiiii it l'oillyy111101,:yy:„•,•••,,y,,,yy.,yyy.:....yyy::y•y::::, ,r(1!1'1'1, Y 11 "" • •,,',,t:••••••': • :..: Y•••„:„•YY,Y.YY'yliyY.,•,Yyyyy,„Y„..,YYYYYY.Y•yyyY.YYyy.„..„ • ••,••• •••:•.••. .„. • • Y'y'YY'YY.„1„YtyYYY.YY,Y',„yy.„ J2111. yyy...,'„Yy,,Y,-Y.Y.YY,Y.•••.., Y." „..„..,. Iyyt, 1:',111:',111:',11:',11:111',11:',11:1111111111111111111111111111111:',1111111111111111'n •1•1,:iihu yyry, 22)2)2 1111111111111111111111111111111111111111111111 .11,11111111111111.1111111111111111111 ' IYYIllow.ywymyyyyyyyyyy yoyoyilyyyyyyyyyYyYllYiyilillY 1111111011,11111111111111111111111 I 1111 11111111111111 y 11,111101y 11111111,1i 1111111111 100011010 "Y, Y•Y YY „/„Y,Y. yyy „ yy,„„:„..,yyyy, ,1111j1 ITYY PARCEL 110 1111111,1,11,c , YY4•11,1111,11'4 Feb., 208 Figure 11 Temporary Easement SOUTHWORTH, STEVEN M SOUTHWORTH, DANA M University Avenue Reconstruction Iowa Division — Waterloo, Iowa 6052899 Page 79 of 115 CITY OF WATERLOO Council Communication Ordinance amending the Code of Ordinances by amending Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations. City Council Meeting: 2/4/2019 Prepared: 1/30/2019 REVIEWERS: Department Reviewer Action Date IP .la nnarrrog; &, Zornn Schroeder, Ark; /approved. 1./30/2011 Y .. 10:43 AM. (Ulla,'_ (.1)ffice p^^"vu 2, p:,eAnn Appwved 1/30/:/019 10:47 AM ATTACHMENTS: Description D Code of Ord'nna.arn A:iniendru.r.crnt 1= i p�nrirdnc (..oin.nT01.ent SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Motion to receive, file, consider and pass for the first time an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Aric Schroeder, City Planner Approval The proposed amendment would remove the current ban on the use of fireworks, allowing them on July 3, 4 and 5 of each year between the hours of noon and 11 p.m. on July 4 and between the hours of noon and 10 p.m. on July 3 and July 5. The amendment would provide that it shall be unlawful to sell fireworks in any location within the corporate limits of the City of Waterloo except in conformance with the City of Waterloo Zoning Ordinance. By separate amendment, the Zoning Ordinance is proposed to be amended to regulate where fireworks can be sold. The amendment would increase the fine for violations of this section from $250 to $375. And the amendment would provide for enforcement of this section by police officers, and provide for the fire chief to make application for grant funds administered by the state fire marshal to fund enforcement activities. none n/a Code of Ordinances Page 80 of 115 5-2-13: FIREWORKS: A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference. B. Prohibitions and Use: It shall be unlawful for any person to use or explode any consumer fireworks or display fireworks within the corporate limits of the City of Waterloo except on July 3, 4, and 5 of each year between the hours of noon and 11 p.m. on July 4 and between the hours of noon and 10 p.m. on July 3 and July 5. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2. C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater, or -for signal purposes in athletic sports or by railroads or trucks, for other signal purposes, or -by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this Code. (Ord. 5427, 12-11-2017) E. Sales: It shall be unlawful to sell fireworks in any location within the corporate limits of the City of Waterloo except in conformance with the City of Waterloo Zoning Ordinance No. 5079, as amended. A seller of consumer fireworks must possess a license from the state fire marshal. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer and display fireworks are banned within the corporate limits of the City of Waterloo unless said usage is allowed by a permit, as referenced in section 9-2C-4 of this Code, or is otherwise authorized by this Code. (Ord. 5456, 6-4-2018) F. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250.00)three hundred seventy-five dollars ($375). (Ord. 5427, 12-11-2017) G. Enforcement and Compensation: During the annual period in which fireworks sales are allowed, this section may be enforced by police officers, who shall have authority to document violations and issue citations, and said officers may also respond to related nuisance calls. To the greatest extent possible, funding for such enforcement activities shall be obtained by application made by the fire chief or his designee to the grant program administered by the state fire marshal under Iowa Code 100.19. Page 81 of 115 Nancy H. by From: MICHELLE WESTPHAL Sent: Monday, January 28, 2019 9:43 AM To: COUNCIL MEMBERS; KELLEY FELCHLE; Nancy Higby; LEANN EVEN Subject: PUBLIC COMMENT --FIREWORKS Follow 0p Flag: Follow up Flag Status: Flagged Rosemary Fathke,337Euclid, 236'187A,isagainst allowing fireworks any additional days. Thank you! Michelle 1:45 XI IN XX IA .01811911 ON 01 I al Pr 101 /101211121 IN Wen 1021101081M N(1188 SPX Michelle Westphal Executive Secretary to the Mayor City of Waterloo • 715 Mulberry Street • Waterloo, Iowa 50703 Phone: (319) 291-4301 mayor8ywatodoo'iaurQ -���- /,������ Page 82 of 115 Nancy Higby From: MICHELLE WESTPHAL Sent: Wednesday, January 23, 2019 4:19 PM To: QUENTIN HART; KELLEY FELCHLE; Nancy Higby; NOEL ANDERSON; ARIC SCHROEDER Subject: PUBLIC COMMENT: FW: Fireworks Follow UpFlag: Follow up Flag Status: Flagged FYI - public comment on Monday's Council agenda concerning fireworks. Michelle Original Message From: Ron Lepsch[mai|to:a|l17l4@nnchsicom] Sent: Wednesday, January 23, 2019 4:07 PM To: MICHELLE WESTPHAL Cc: Margaret Klein Subject: Fireworks Here we go again the ban was working fine, I agree with the rezoning though. Ron Lepsch 467 Devinshire Dr., Waterloo, IA 50701 1 Page 83 of 115 Nanc From: Sent: To: Cc: Subject: Attachments: Follow 0pFlag: Flag Status: FYI MICHELLE WESTPHAL Wednesday, January 16, 2019 2:17 PM QUENTIN HART; KELLEY FELCHLE Nancy Higby FW: Fireworks ordinance Davenport Iowa fireworks ordinancepdf; Todd Dorman fireworks columnpdf; Bettendorf fireworks code.pdf Follow up Flagged From: Justin BortletthnmUto:jusUn@iovvajusUn.coml Sent: Wednesday, January 16, 2019 1:51 PM To: MlCHELLEVVESTPHAi; Sharon Juon; Pat Morrissey; Steve Schmitt; Jerome Amos Jr; ray.fuess@waterloo-ia.org; Bruce Jacobs; Margaret Klein Subject: Fireworks ordinance Waterloo City Council Members and Mayor Hart, I am writing as the managing partner of Crossroads Fireworks in Waterloo to ask you to consider amending Waterloo City Code to permit the use of consumer fireworks for a couple of days this summer and perhaps for New Year's Eve, Before | get to that, | want to address the zoning ordinance that the Planning & Zoning Commission is recommending. We have no particular quarrel with the ordinance as proposed, Our only objection to the ordinance passed in late 2017 (and repealed last summer) was that it lacked a grandfathering clause; because this new proposed ordinance includes such provisions, we have no objection. Operating under Waterloo's nonconforming use paragraph does place some restrictions on our business going forward, but | don't believe any of those restrictions are anything we can't live with, As for permissible use of fireworks, we would suggest the approach taken by Davenport and Bettendorf, which is to permit two days (July 3 and 4) in the summer, plus a couple hours on New Year's Eve. Our second store is in Bettendorf, so we saw the results of their approach close-up this past summer and on New Year's Eve. Although no approach will keep everyone happy, the Quad Cities approach seems to come as close as possible. There was obviously heavy use of fireworks July 3 and 4, but not much that we saw outside of those dates. You will always have some scofflaws who will set off fireworks whenever they want without regard to the law, but most people - including most fireworks enthusiasts - want to follow the law if possible. We believe (and the Waterloo Police Chief has publicly agreed) that a complete ban, because it is unenfurceob|e, results in people not respecting the law and being more likely to disobey it. And once they decide they're going to use fireworks anyway, they have no reason to confine their use to July 3-4 or whatever the legal use period would be - the penalty for illegal use is the same at 3am on a Wednesday in early June as it is at 9pm on lndependence Day. If you allow a couple days of use, only the true scofflaws will use fireworks outside that window, which will make it easier for the Police Department to go after the real troublemakers. Allowing a couple of days results in the vast majority of fireworks users confining that use to the legal period, making life easier for people who just don't like the noise as well as those with legitimate difficulties with fireworks, i.e. PTSD ouffepena, pet owners, and parents of young children. As seen in Waterloo this year on July 4, it's simply impossible to completely eliminate the use of consumer fireworks that night. Why not make it truly legal that night (or, pnaferab|y, a couple nights) and make life easier for everyone the rest of the summer? It's working well in the Quad Cihes, and as a bonua, it seems to be a more stable solution - thus far | have heard no serious calls to make significant changes after this past summer season. 1 Page 84 of 115 In short, we believe that allowing a short usage period isn't just better for people who like fireworks - it's actually better for people who hate them, too, because it does a better job of confining that use to a limited period and minimizing use outside that period. Thanks for your consideration and for all the work you do. Justin Bartlett Managing Member, Crossroads Fireworks 319-504-6654 p.s. I have attached the current Davenport and Bettendorf fireworks ordinances for your reference. I have also attached an excellent column from Todd Dorman of the Cedar Rapids Gazette making the case that fireworks bans kill off respectful neighborhood gatherings without stopping the people who are the real problem; I would urge you to give it a read. 2 Page 85 of 115 Sections: 9.40.010 9.40.020 9.40.030 Chapter 9.40 PROJECTILES, TOY PISTOLS ANI) FIREWORKS Unlawful use. Selling toy pistols prohibited. Fireworks allowed as specified. 9.40.010 Unlawful use. It is unlawful for any person to play ball, throw stones or snowballs or other things in any street, alley or public place; or to shoot with or use a bow and arrow, or use any toy commonly known as a slingshot or rubber band gun or any other dangerous toy or instrument anywhere within the limits of the city; provided however, that the foregoing shall not apply to playing ball in public parks. Any person violating this section shall be guilty of a simple misdemeanor. Nothing in this section shall prohibit the hunting of deer or coyotes with bow and arrow pursuant to and during a municipally declared urban deer control hunt in accordance with the city's deer management program provided the bow hunter has obtained proper licensing from the State of Iowa and been issued a permit to bow hunt by the city prior to engaging in a hunt. Bow hunters shall at all times abide by the city's deer management plan while engaged in a control hunt within the city. (Ord. 2014- 369 § 1: Ord. 2006-408 § 1: Ord. 2005-37 § 1: Ord. 2003-637 § I: prior code § 23-17). 9.40.020 Selling toy pistols prohibited. Any person who sells, or keeps for sale, within the city, any toy pistol or toy gun which is discharged by means of any fulminating or explosive cap, cartridge containing fulminating powder or other explosive substance, and any person who uses, discharges or shoots off any such toy pistol or gun within the city, shall be guilty of a simple misdemeanor. (Prior code § 23-23). 9.40.030 Fireworks allowed as specified. A. As used in this section "consumer fireworks" shall mean and include "consumer first-class consumer fireworks and second-class consumer fireworks" as those terms are defined in Iowa State Code §I 00.19, subsection 1. Consumer fireworks includes, but is not limited to, such items as: 1. Aerial shell kits and reloadable tubes. 2. Chasers. 3. Helicopter and aerial spinners. 4. Firecrackers. 5. Mine and shell devices. 6. Missile -type rockets. 7. Roman candles. 8. Sky rockets and bottle rockets. 9. Multiple tube devices under this paragraph that are manufactured in accordance with American Pyrotechnics Association 87-1, section 3.5. Consumer fireworks does not include "Novelties" as defined and enumerated in chapter 3 of the American Pyrotechnics Association's standard 87-1 or "Display Fireworks" as defined and enumerated in chapter 4 of the American Pyrotechnics Association's standard 87-1 as published in December 2001. B. Consumer Fireworks may be used on July 3 and July 4 from 2 PM until 11 PM and on the night of December 31 from 10 PM until 12:30 AM. C. A permit to use display fireworks may be issued by the Davenport fire marshal's office pursuant to the criteria and standards adopted from the Uniform Fire Code. D. Use of any consumer firework at a date or time other than those allowed pursuant to subsection B or the use of display fireworks without a permit is prohibited and punishable as a simple misdemeanor as follows: First offense $250 Second offense $400 Third and subsequent $625 (Ord. 2017-498). Published by ClekBase D2018 by Cterkbasa. No Claim to Original Government Works. Page 86 of 115 Firm ks ^ ns w ake good d m� eig S 111 • 001NWI1010A10� Empty boxes of fireworks are piled under a table a a Bellino Fireworks stand located in a parking lot on Edgewood Road Southwest and Williams Boulevard Southwest in Cedar Rapids on Wednesday, July 5, 2017. The stand's manager said they sold nearly all of their inventory. (Rebecca F.Mi||urahoGazette) ()uthe Fourth nfJu]y`abunch o[nynorth Marion neighbors gathered. at one of our homes to shoot off fireworks. For mfew hours straddling duxkxesentmokebundmmtam skyward. We ignited sparkling, spinning and popping stuffon the ground. There were lighter -bearing igniters and lawn -chair - loungers. The kids ran around doing what kids do on warm summer nights, but were kcpt at a safe distance. Directions were followed and everyone left with all of their fingers. It was fun, and memorable. And it might not happen again. Page 87 of 115 Cedar Rapids, weeks after permitting the maximum legal leeway for use of fireworks under a law legalizing them in Towa, is now poised to ban their use. It wouldn't shock me if Marion follows its lead. After all, these cities are joined at the hip, cannon notwithstanding. share my own anecdote not as a rueful confession that I live in a neighborhood with low regard for clogs, veterans, air quality and the risk of thyroid conditions. I'd just like the record to show not all stories from the great fireworks experiment of 201 7 are horror stories. It wasn't all smoke and outrage. Make no mistake, there were horror stories. Far too many people, given easy access to legal sales, developed pyrotechnics derangement syndrome. Their bombs burst in midair at all hours, for weeks, blowing past legal limits with little or no regard for consequences or the harm inflicted on neighbors. Police calls were legion. Carelessness led to injuries and fires. Demands for a ban followed. But here's the funny thing about prohibition: It will no doubt put the kibosh on our neighborhood display. There's probably not much interest in bringing folks together to break the law. Other law -followers also will opt out, I suspect. As for the people who blatantly ignored even liberal limits set out in current ordinances and selfishly shrugged at the consequences of irresponsibility, they'll also blatantly ignore prohibition. So the ban will be about as effective as a damp firecracker. Problems will persist. Cedar Rapids also is proposing pushing sales to industrial areas. Swell. But at last report cars, trucks and other vehicles remain popular among hilly mobile residents. Sales will remain brisk, and chances the Legislature will reopen the issue of legal sales next year amount to slim and none. A ban won't solve the problem, but it is probably good politics. Page 88 of 115 Reports of mayhem have been flowing into City Hall for weeks from angry residents. Council members are getting an earful and it's an election year. They're interested in keeping their seats, and a couple of them are hoping to be the next mayor. There's simply no political upside to standing up for firecracker enthusiasts. That doesn't mean whiplash policymaking, steeped in outrage, is good policymaking. After just one season of legal fireworks, it would make more sense to first try vastly narrowing the window for legal use, cutting it from several weeks to a few days. Maybe even one day, Independence Day. Sure, there's a chance it leads to no improvement. But it's an intermediate measure that preserves some legal leeway for non - jerks, at least until we see how year two unfolds. It would acknowledge the reality of legal sales while addressing the damage done by a weekslong onslaught. Perhaps that smaller window could be paired with some innovative thinking on enforcement and penalties. Officials have months to work it out. The city has faced bigger challenges. Unfortunately, we no longer do intermediate very well. These are all -or -nothing times. My side wins. Your side loses. Nothing else is acceptable. Truth is, arguments both for doing whatever I please and for banning whatever I loathe spring from the same impulse to have things our way. Nannies! Drunks! Leaders who stroll into no man's land to call for a compromise soon will rejoin the ranks of the nonelected. Columnists will find an inbox of unhappiness. So the irresponsible have pushed us to swiftly embrace the unenforceable. I guess bans will make some of us feel better, until we're soon reminded how the real issues we face — pervasive selfishness, lack of empathy and a lost sense of community -- remain unscathed. They're more damaging and maddening than any rocket barrage. And tough ordinances can't make good neighbors. But we will have thwarted the rocketeers of north Marion. Page 89 of 115 [ Comments: (319) 3988262; todd.dorman@thegazette.com Page 90 of 115 Chapter 7 FIREWORKS DEFINITIONS: 5-7-2: FIREWORKS SPECIFIED: 5-7-3: SALES: 5-7-4: PENALTY: 5-7-1: DEFINITIONS: For purposes of this chapter, the terms "consumer fireworks", "display fireworks", and "novelties" shall have the respective meanings enumerated in Iowa Code section 727.2, which definitions are incorporated by reference. Consumer fireworks do not include "novelties" or "display fireworks" as defined herein. (Ord. 38-17, 11-21-2017) 5-7-2: FIREWORKS ALLOWED AS SPECIFIED: A. Use Of Consumer Fireworks: Consumer fireworks may be used on July 3 and July 4 from two o'clock (2:00) P.M. until eleven o'clock (11:00) P.M. and on the night of December 31 from ten o'clock (10:00) P.M. until twelve thirty o'clock (12:30) A.M. on the immediate following day. A person shall not use, explode or discharge consumer fireworks on real property other than that person's real property or on the real property of a person who has consented to the use of consumer fireworks on that property. A person that uses, explodes or discharges consumer fireworks shall have responsibility to clean up all debris created by the fireworks. A person shall not reease or cause to be released an untethered sky lantern. B. Use Of Display Fireworks: 1. Permit: The City Council, through the Fire Chief or his/her designee, to whom the following authority is delegated, may, upon application in writing and payment of the permit fee of one hundred dollars ($100.00), grant a permit for the use of display fireworks by the City, a fair association, amusement park, or other organization or group of individuals approved by the City, when such use of display fireworks will be handled by a competent operator. 2. Application For Permit: The application for permit for the use of display fireworks shall contain the following: a. The name, address, and social security (or tax ID) number of the applicant. b. The Iocation, date, and time of the display. c. The name and experience of the person or persons who will be conducting/operating the d|ophay, including a copy of any pyrotechnician license held. d. A statement agreeing to indemnify and hold harmless the City of Bettendorf from any liability which may arise as a result of the display. Page 91 of 115 e. A signed and dated certificate of insurance, naming the City of 8ettendort as an additional named insured, in an amount not less than three million dollars ($3,000,000.00). 3. Review Of Application: Upon receipt of the application, the Fire Chief or his/her designee shall review the proposal, and base their decision on the following factors: a. The size and location of the display within the City. b. The training and past experiences of the person operating the display. c. The manner in which the applicant has conducted past displays. d. The likelihood that the display will unreasonably disturb nearby residents. e. Any special safety considerations. f. The proposed display meets or exceeds the requirements of the current International Fire Code. (Ord. 38-17, 11-21-2017) 5-7-3: SALES: The sale of any fireworks shall at all times be conducted in accordance with all Federal, State and local laws, including, but not limited to, Iowa Code chapters 100 and 727 and the Administrative Rules adopted by the Iowa State Fire Marshal relating to the sale, transfer, and purchase of fireworks. For avoidance of doubt, any person desiring to sell fireworks within the City shall obtain the applicable license and/or permit, including, but not limited to, a business license, transient merchant license, building permit, or operational permit, as prescribed by this Code. (Ord. 38-17, 11- 21-2017) 5-7-4: PENALTY: A person who violates this chapter commits a simple misdemeanor punishable as follows: First offense $250 .00 Second offense 400 .00 Third and subsequent 625 .00 anzgoji (Ord. 38-17, 11-21-2017) Page 92 of 115 CITY OF WATERLOO Council Communication An ordinance amending Storm Water User Fees. City Council Meeting: 2/4/2019 Prepared: 1/23/2019 REVIEWERS: Department Reviewer Action Date 'ering ven, I,eAnn Approved 11/23/2,1�i�� ATTACHMENTS: Description D t. OUtn Commun ion • V ra�14. D P r.gb SUBJECT: Ordn:rance Submitted by: Recommended Action: Summary Statement: Policy Issue: Type Cover C13 urao (:`over .1V ennro Backup Material Motion to receive, file, consider, and pass for the second time an ordinance amending the City of Waterloo Code of Ordinances by adding new Subsections C, D & E to Title 8, Chapter 4, Section 7, Establishment of Stormwater User Fees. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Jamie Knutson, PE, City Engineer Approve Ordinance increasing fees storm water user fees. An Ordinance amending the City of Waterloo Code of Ordinances by adding new Subsections C, D & E to Title 8, Chapter 4, Section 7, Establishment of Stormwater User Fees. See Council Communication attached. Page 93 of 115 STORM WATER USER FEE INCREASE January 21, 2019 The City of Waterloo adopted its current storm water fees on December 7, 2010. Since then there has not been an increase in the user fees, yet the number of projects that need to be constructed to control storm water have been increasing. See Appendix A for a map of the existing storm water projects. Currently the storm water fee pays for the storm water management program, maintenance of the City's storm sewer system, enforcement of storm water regulations, public education and outreach programs, storm sewer system studies, drainage way assessments, storm water staff, the City's annual IDNR storm water discharge permit and street sweeping. The current user fee is set up to differentiate between residential and commercial properties. Residential users currently pay a fee of $2.75 per dwelling unit/month. A fee reduction of $1.00 per month is available to those households that meet the City of Waterloo's low income guidelines. Commercial, industrial and institutional properties are charged a base fee of $2.75/month plus $2.75/month for each 5,000 square feet of impervious area. Impervious areas include buildings, driveways, sidewalks, parking lots, etc. Table 1.0 below shows how the City of Waterloo's current storm water user fees compares to other cities across the state of Iowa. Storm Water Fee Comparison City Residential Amount Residential Amount Per Month Per Year Davenport $ 2.72 $ 32.64 Waterloo $ 2.75 $ 33.00 Cedar Falls* $ 3.15 $ 37.80 West Des Moines $ 4.25 $ 51.00 Iowa City $ 4.50 $ 54.00 Ames $ 4.95 $ 59.40 Cedar Rapids $ 5.18 $ 62.16 Dubuque $ 6.81 $ 81.72 Des Moines $ 12.68 $ 152.16 Table 1.0 *The City of Cedar Falls just adopted a 5.0% increase each of the next five years to cover increasing storm water compliance costs. Currently listed in the Capital Improvements Plan (CIP) are approximately $30 million dollars in storm water projects that have been identified city-wide. Most of these projects are currently unfunded. Current CIP bonding has held steady at around seven million to eight million dollars Page 1 of 9 Page 94 of 115 per year. Storm water projects have been rated lower in priority than other projects and at the current CIP levels, the storm water projects never rate high enough to be funded. There are numerous possibilities that could be used to determine a rate increase but I will focus on three of them: 1. No increase 2. $1.25/month increase in all service types plus $0.25 increase for all service types for each year for 5 years 3. $3.00/month increase With no increase in the storm water user fee, current obligations such as storm sewer enforcement, maintenance of the storm sewer system, street sweeping and other required operations would continue but there would be very little revenue for construction projects and funding for construction of these projects would need to come from the CIP with an undetermined time frame to complete the projects. With a $1.25/month increase in the storm water user fee along with an increase of $0.25 each year for five years all of the current operations can continue to be funded, inflation would be accounted for and it would allow for the majority of the projects shown in Appendix A to be completed in approximately 20 to 25 years. With a $3.00/month increase in the storm water user fee all of the current operations can continue to be funded, inflation would be accounted for and it would allow for the majority of the projects shown in Appendix A to be completed in approximately 15 to 20 years. This increase would amount to a doubling the current storm water fee. This increase in revenue would be difficult to spend each year as there is only so much construction and so many contractors to complete the work during any given year. Table 2.0 below shows the existing rates for each property type and the proposed rate for 2019: STORM WATER USER FEE RATES Proposed Property Type Current 2019 Undeveloped Property $ - $ - Residential (1.0 ERU) $ 2.75 $ 4.00 Commercial/Industrial (Base) $ 2.75 $ 4.00 Commercial/Industrial (1.0 ERU per 5,000 sf of Impervious Area) $ 2.75 $ 4.00 Table 2.0 Page 2 of 9 Page 95 of 115 Along with the proposed increase for 2019, I am also proposing an increase in the user fee each year for the next 5 years. This is an increase is a $0.25/ month for each property type listed below. Table 3.0 below shows the proposed rates for each property type: STORM WATER USER FEE RATES Property Type 2020 2021 2022 2023 Undeveloped Property $ - $ - $ - $ - Residential (1.0 ERU) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Commercial/Industrial (Base) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Commercial/Industrial (1.0 ERU per 5,000 sf of Impervious Area) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Table 3.0 If the City had installed an automatic rate increase of 3% each year from 2010 to 2019 the current monthly rate would be $3.60 versus the proposed $4.00 monthly rate and a 5% increase each year during that same time frame would result in a current user fee of $4.25 for 2019. Based on raising the fee to $4.00 per month, Waterloo will still be in the bottom one-third of what cities are charging for their storm water fee. If the user fee increase is approved, Appendix B shows the proposed list of storm water projects for the years 2019-2029. These projects would be subject to change based on factors such as property acquisition, economic development opportunities and funding availability. Please note that the projects listed are based on the assumption that after 2023 the storm water user fees continue to increase by $0.25/month until 2029 at which point the fee is projected to remain flat. Appendix C shows how the storm water user fee increase will affect non-residential property owners for 2019. I am asking the council to approve the rates as shown in Table 2.0 effective March 4, 2019 and the rates shown in Table 3.0 to be effective beginning January 1st of each year listed. Page 3 of 9 Page 96 of 115 APPENDIX A EXISTING STORM WATER MAP Page 4 of 9 Page 97 of 115 Ilowrc'+�eve <, hi Mrtmco'wW ND A VriZtr CLNUM POR IMPROVEML4 DETENTION OB$I'. ROX CULVERT IM STORM SEWER OI CHANNEL IMPRO WA I'M1'WL! DRY CREEK vvoalriERsvo APPENDIX B PROPOSED STORM WATER PROJECTS LIST YEARS 2019-2029 Page 6 of 9 Page 99 of 115 Proposed Storm Water Projects and Timeline N O N N N O O O O 500,000.00 $ EA- CD 4 O O O C01, bS O O O CD, O 64 O O O O r 6S 6S O O O O 69 6- 64- CD 9 O O O O O O O O O O O O O O O O kr, O O O 11 Or--- v10 N M M 69 b9 64 64 O O 00 64 O O O O O O O O © vi © © O O O O O O O O O O O O N -1 O O O O O © © © O O O rn O Min O O O O O 9 O © O O © © O O O O © © © ER EH $ 200,000.00 O O O O O ER 0 0 OO 7.5 'F'..) g .O. .O. .O. 5 F N O O p U U U U O Q U U (] ti O O • fJ ,; a) ^ O O O T e a) a) a)0 V Q U U U U 3 3 3 Ca UU U U 7 ] Q U ,8 a.) o 43--,3 J6 O Q U c4 c4 .5 04 04 04 ,a . a Q vTTT Oa, v C/) Uo 011 b o o o o•oo 0P P € o 0 0• to ba bh D, 0 0 0 6 6 ro 33 x x a°o a°o a°n ..5 c o o a s a bil 72 72 -o 72 7 0 C ° 2 B 9 ,° ,° O O O >, >, Q Q Q 'a' 'a' v c4 c4 ix ix rx c v ° ,a ani x x == 6 Q Q Q o 0 0-0 : Q Q Q Q x x U U U z z a a a 0 0 0 'O 'O 'O `•� R R R a. c. 00. r r r r a a a a a a a :� :� :P ' a D D D c� c� v] cn CI cn 7 c Q Q Q Q Q Q >>> 04 04 P,' P. P. P. d d d APPENDIX C NON-RESIDENTIAL STORM WATER EXAMPLES Page 8 of 9 Page 101 of 115 Storm Water Examples Current Current Current Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 20,000.00 5,000.00 $ 2.75 $ 13.75 $ 165.00 50,000.00 5,000.00 $ 2.75 $ 30.25 $ 363.00 100,000.00 5,000.00 $ 2.75 $ 57.75 $ 693.00 Proposed 2019 Proposed 2019 Proposed 2019 Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 20,000.00 5,000.00 $ 4.00 $ 20.00 $ 240.00 50,000.00 5,000.00 $ 4.00 $ 44.00 $ 528.00 100,000.00 5,000.00 $ 4.00 $ 84.00 $ 1,008.00 Proposed 2019 Commercial Area (sf) Total Increase 20,000.00 $ 75.00 50,000.00 $ 165.00 100,000.00 $ 315.00 Large Site Example Current Current Current Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 10,000,000.00 5,000.00 $ 2.75 $ 5,502.75 $ 66,033.00 Proposed 2019 Proposed 2019 Proposed 2019 Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 10,000,000.00 5,000.00 $ 4.00 $ 8,002.75 $ 96,033.00 Proposed Increase $ 30,000.00 Page 9 of 9 Page 102 of 115 ORDINANCE NO. AN ORDINANCE AMENDING STORM WATER USER FEES PURSUANT TO SECTION 8-4-7 OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: C. Except as noted herein or in Chapter 4, Title 8 of the Code of Ordinances, each customer whose property lies within the corporate limits of the city shall pay to the city, through its collection agent, at the same time payment of city water, sewer and garbage services is made, the following user fees, regardless of the amount of water consumption by such customer: 1. Undeveloped Property: Zero dollars ($0.00) per month. 2. Residential: $4.00 per month per dwelling unit. 3. Commercial/Industrial: $4.00 base, plus $4.00 per ERU per month. D. The fees stated above will become effective with bills issued after July 1, 2019. E. July l st increase by 25 cents for each year after until 2023. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the day of , 20_, and approved by the Mayor on the day of , 20_. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Ordinance No. 4981 Page 2 CERTIFICATE I, Kelley Felchle, City Clerk, of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4981, as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 20 . 20 . Witness my hand and seal of office this day of , SEAL Kelley Felchle, City Clerk 2902 Roland Avenue Waterloo, Iowa 50702 Waterloo City Council 715 Mulberry Street Waterloo, Iowa 50701 Dear Council members; This note is about the storm sewer rates and the entire project, but first 1 want to commend you for standing up and doing you jobs without using some unelected, unaccountable and unknown body like the DNR or the EPA to use as a cover for any hard decisions that maybe unpopular. So thanks and I wish you well. Here are my thoughts, comments, and questions. Any increase in taxes, fees or rates seem like a punishment. No citizen is responsible for the large amount of rain we had last year. A flood wall was built in the 1970's to protect Waterloo from flooding and yet when up river on the Cedar River much rain falls and we get flooded and the flooding gets worse all along the Cedar River to the Mississippi River. Getting rid of the water fast is the problem, not the solution. More development is the problem not the solution. \Youlid more places to store the water and drtain off slowly be better? Will more holding ponds, wet lands and dredging out existing ponds, lakes and streams help? I know this can make some land lose value and there are other issues that need to be considered, ah if it were only easy. Again I want to thank you for standing up with courage to do your job and I pray for wisdom to do it well. Tom Brasch Page 105 of 115 Page 106 of 115 CITY OF WATERLOO Council Communication An ordinance repealing and replacing Title Three, Chapter Four, Article A Pawnbrokers. City Council Meeting: 2/4/2019 Prepared: REVIEWERS: Department Reviewer Action Date i�oiace Department c,pc�apa' pCa^ipey Approved 11/116/2,() ATTACHMENTS: Description D Ordinanceasr SUBJECT: .1 Type Backup Ma i Motion to receive, file, consider, and pass for the third time and adopt an ordinance amending the City of Waterloo Code of Ordinances by repealing Title Three, Chapter Four, Article A Pawnbrokers, and replacing it with a new Title Three, Chapter Four, Article A Pawnbrokers. Submitted by: Submitted By: Major Joe Leibold Page 107 of 115 ARTICLE A. PAWNBROKERS 3-4A-1: Definitions 3-4A-2: Licenses Required 3-4A-3: License Criteria 3-4A-4: License Issuance 3-4A-5: License Stipulations and Fee 3-4A-6: Transaction Fee 3-4A-7: Records Register 3-4A-8: Inspections 3-4A-9: Law Enforcement Holds and Seizures 3-4A-10: Holding Periods 3-4A-11: Prohibited Acts 3-4A-12: Denial, Suspension or Revocation 3-4A-13: Penalty 3-4A-14: Hold Harmless 3-4A-1 Definitions: Pawnbroker means every person who makes loans or advancements upon pawn, pledge or deposit of personal property or who receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or who by advertisement, sign or otherwise holds himself or herself out as a pawnbroker. 3-4A-2 License required A. No person shall engage in the pawn business without first obtaining a pawnbroker license. B. All applicants for such licenses shall apply in writing to the city clerk. C. All license applications shall contain the following information: 1. The full name, residential address, business address, date of birth and social security number of all parties who have an ownership stake. 2. Where the applicant is a corporation or partnership, the names of the officer/partners and name and address of the local manger. D. The name and address of the owner of the business' premises. E. The business, occupation or employment of the applicant, including location thereof, for the two years immediately preceding the date of application. F. The arrest record of the applicant and whether the applicant has ever been convicted of any crime, except simple misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which such conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as a result of such conviction. G. Assurance the applicant has a computer that can access the interne and utilize the automated pawn records system. H. Proof of $10,000 surety bond. Page 108 of 115 3-4A-3 License criteria Upon receipt of a pawnbroker license application, the city clerk shall forward a copy of the application to the chief of police and the zoning enforcement officer or their designees who shall review the application. The applicant shall furnish such evidence as may reasonably be required in support of the statements set forth in the application. The chief of police and the zoning enforcement officer or their designees shall report to the city clerk within 30 days of receipt of the application considering but not limited to the criteria of whether: A. The applicant or his or her agent or employee charged with receiving or distributing property has been convicted of a felony. However, if the conviction of a felony occurred more than five years before the application for a pawnbroker license and if such person's rights of citizenship have been restored by the governor, such conviction shall not be a bar to obtaining a pawnbroker license; B. The applicant has truthfully reported all relevant facts within the pawnbroker application; C. The applicant has such financial standing and good reputation to indicate that he or she will comply with all the laws of the state and the city; D. The applicant has a computer that can access the internet and utilize the automated pawn records system; and E. The pawnbroker's business complies with City of Waterloo zoning requirements, Iowa State Law and all relevant site plan regulations and guidelines. 3-4A-4 License issuance A. Upon receipt of an acceptable police and zoning report and the appropriate fees, the city clerk shall approve the application if the applicant has fully complied with all of the requirements of this division, and the city clerk shall thereupon issue a pawnbroker license to the applicant and forward a copy of such to the chief of police. 1. The license shall expire on December 31 after the date of issuance. 2. The license shall state the name, address and phone number of business licensed 3. The business to be transacted 4. The date of issuance and expiration of the license. B. If the city clerk determines that the applicant for a new or renewal license has not fully complied with all of the requirements of this ordinance or that the applicant has falsified his or her application, the city clerk shall, after consultation with the city attorney, deny the license. 1. The applicant then may appeal the clerk's decision to the City Council. C. Upon any change in any of the information required to be submitted as part of the application, licensee shall within five (5) days of such change notify the city clerk of said change, in writing, and in the event of a change of address for doing business, the license shall be returned to the city clerk and an amended license issued designating the new location. The amended license shall be valid for the length of time remaining on the original license. Page 109 of 115 3-4A-5 Stipulations and fees A. An applicant for a pawnbroker license shall submit a $50 application fee to the city clerk at the time of filing the application. The license fee will be required for renewal each January. B. An applicant who makes a late application for renewal of a pawnbroker license shall pay a late fee of $10 per month after January 1st. Failing to acquire the appropriate license by April 1st will require the person to close the business and face criminal and civil penalties. C. Any person operating several or separate pawn broking businesses shall pay the license fee and procure a license for each physical location. D. Violations in one licensed premises shall not be deemed violations in all premises licensed by that pawnbroker, unless there is a clear nexus for the violation and the business. E. Every licensed pawnbroker shall display his or her license conspicuously in the business so that it may be readily observed by all persons entering the premises. F. No pawnbroker license shall be sold or transferred. The purchaser of any pawnbroker business or of the majority of the stock of any corporation operating a pawnbroker business shall make application for and obtain a new license before operating such business at the location for which the license has been issued. 3-4A-6 Transaction fee A pawnbroker shall collect a transaction fee of $.50 per transaction. The transaction fee shall be collected by the licensee, from each customer, upon the initiation of each new pawn loan, and each transaction involving the purchasing of personal property. The pawnbroker shall pay to the city all transaction fees collected, by the 15th of the following month. a. Transaction Fees will be utilized to maintain and operate an electronic filing system to aid law enforcement in recovering stolen property. b. Transaction fees in excess of the amount needed to cover costs associated with maintaining the system will be reimbursed to the license holder to help offset the loss associated with stolen/recovered property seized by the Waterloo Police Department. The percent of reimbursement will be determined by dividing the funds available by the total seized property and then distributed based on percentage seized to each licensee. c. If all license holders have been made whole, remaining fees will be placed in a project account for the City of Waterloo to provide solvency to the system. 3-4A-7 Records Register A. Record Required: on each item or article at the time of pawning or purchasing said item, every license holder shall be required to keep a record in which the license holder shall accurately collect the following: 1. Date and time the item was presented Page 110 of 115 2. A detailed accurate description of the item 3. The serial and model number if available 4. Special characteristics or identifying marks 5. Amount paid, advanced or loaned for the item 6. A photocopy or digital copy a VALID State or Government Issued photo I.D. 7. A current address and telephone number from the person presenting the item. B. Failing to obtain and keep the above information, making false or fraudulent entries will be considered a simple misdemeanor with criminal charges, loss of license and fines. C. The Records Register shall be submitted electronically to the City of Waterloo or its authorized agents, at a minimum on each Monday by 9 AM. 1. If there are issues preventing the submission all items collected during that time, the following requirements apply: i. The licensee must record and submit the required information in another manner on the appropriate Monday. ii. All property received, will be held for 5 days from the time electronic submissions are restored 1. This holding period does not apply to the redemption of loan items. iii. If there are extenuating circumstances resulting in extended electronic downtime the Chief of Police or Designee will have the authority to waive the holding period. 2. Each entity is responsible to maintain data security and confidentiality of personal infonnation and is responsible for any and all breaches to in their respective systems. i. Confidential information shall include 1. Any and all personal information 2. Transactional Information that would give a business advantage to any participating organization. 3. Certain necessary information may be released by law enforcement for investigative or prosecution of criminal offenses as per Iowa Law. 3-4A-8 Inspections The license holder shall at all times permit a duly authorized Police Officer of the City of Waterloo to inspect the entire premises covered by the license, including all locked containers and all records having any relationship to the operation of the pawn business. No licensee, agent or employee shall refuse, resist or attempt to prevent a duly sworn police officer from examining the licensed premises for the purpose of discovering/recovering stolen property or any violation of this ordinance. 3-4A-9 Law Enforcement Holds and Seizures Page 111 of 115 A. The police are authorized to require a "hold" on property for investigative purposes. This hold requires the licensee to hold the property until such time the hold has been cleared. 1. If law enforcement has not cleared the hold or recovered the property within 15 days of placing the hold the licensee may dispose of the items as they deem appropriate. D. The police are authorized to seize property with a seizure notice; a copy of the receipt will be given to the licensee. 3-4A-10 Holding Periods 1. Any item pawned shall not be sold, transferred, altered, removed from the premise or otherwise disposed of for 15 days from the date the item was received by the licensee. a. However an individual may redeem said item that was pawned during or after the 15 day holding period at the discretion of the pawnbroker, provided there are no law enforcement holds. b. Items purchased for resale by the licensee shall be held for 15 days prior to being offered for sale. c. There is no hold required for items purchased from a wholesale vendor and sold as new. 3-4A-11 Prohibited Acts 1. No licensee shall receive property from any person under the age of 18. 2. No licensee shall receive property unless the seller presents a VALID State or Government Issued photo I.D. 3. No licensee will interfere with law enforcement investigations or recovery of stolen property. 4. No goods or merchandise shall be stored or continuously displayed on any public right of way. 3-4A-12 Denial, Suspension or Revocation 1. Any license under this article may be denied, suspended or revoked for any of the following reasons by the Waterloo City Clerk: a. Failing to conform to the Waterloo Zoning Ordinance b. Failing to comply with health, building and building maintenance of the City of Waterloo, Black Hawk County and/or the State of Iowa. c. Violating any provisions of this article d. Any type of fraud or deception. e. Failure to cooperate with lawful requests of City Officials. f. Failure to provide accurate information at the time of application. 2. All appeals of a license denial, suspension or revocation will be heard by the Waterloo City Council. Page 112 of 115 3-4A-13 Penalty Every person, agents and employees of the licensee who violate any provisions of this article shall upon conviction be guilty of a municipal infraction and fined as provided in subsection 1-3- 2C of this code. Each day a violation occurs shall constitute a separate offense. Page 113 of 115 CITY OF WATERLOO Council Communication 3:50 p.m. Work Session, Harold E. Getty Council Chambers City Council Meeting: 2/4/2019 Prepared: REVIEWERS: Department Reviewer Action Date t.'1erk Office F elchl', K ipey Approved /30/2( ... 4:05 PM Submitted by: Submitted By: Page 114of115 CITY OF WATERLOO Council Communication 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers City Council Meeting: 2/4/2019 Prepared: REVIEWERS: Department Reviewer Action Date Water Works p r,pclLrie, Approved 11/30/2,1 4: 4 PM Submitted by: Submitted By: Page 115of115